Park School Employee Handbook Final 2014 by The Park School

The Park School

Employee Handbook

Revised November 2014

TABLE OF CONTENTS INTRODUCTION......................................................................................................................1 I. GENERAL EMPLOYMENT POLICIES................................................................................2 Equal Employment Opportunity................................................................................................2 Contract Renewal.....................................................................................................................2 Form I-9 Compliance.................................................................................................................3 Employment Applications..........................................................................................................3 Criminal and Sex Offender Background Check Policies..............................................................3 Employment Classifications.....................................................................................................10 Exempt and Non-Exempt Employees.......................................................................................11 Access to Personnel Files.........................................................................................................11 Introductory Period.................................................................................................................11 Performance Evaluations.........................................................................................................11 Conflict of Interest/Code of Ethics...........................................................................................11 Confidentiality........................................................................................................................12 Outside Employment...............................................................................................................12 II. THE WORKPLACE..........................................................................................................13 Employee Conduct..................................................................................................................13 Sexual and Other Harassment.................................................................................................14 Internal Reporting and Anti-Retaliation Policy..........................................................................15 Open Door Policy....................................................................................................................17 Personal Appearance..............................................................................................................17 Information Systems Policy......................................................................................................17 E-mail, Voice mail and Internet Usage.....................................................................................19 Social Media...........................................................................................................................19 Personal Information Security Policy........................................................................................21 Use of Cellular Telephones and Other Communication Devices................................................21 Personal Fundraising...............................................................................................................22 Visitors...................................................................................................................................22 III. HEALTH AND SAFETY...................................................................................................23 Child Abuse Reporting............................................................................................................23 Workplace Violence Prevention...............................................................................................24 Bullying...................................................................................................................................25 Communicable Illnesses in the Workplace...............................................................................26 Reasonable Accommodation for Qualified Individuals with Disabilities.....................................26 Accommodations For Nursing Mothers...................................................................................26 Drug-Free Workplace..............................................................................................................27 Use of Prescribed and Over-the-Counter Drugs.......................................................................27 Alcohol in the Workplace........................................................................................................28 Smoking.................................................................................................................................28 Notification of Driving Violations and/or Accidents..................................................................28 Medical Examinations.............................................................................................................28 Certification and Licensure......................................................................................................29

IV. COMPENSATION AND HOURS OF WORK....................................................................30 Work Year...............................................................................................................................30 Hours of Work........................................................................................................................30 General Attendance Policy......................................................................................................30 Snow Days and Other Unforeseen Emergencies......................................................................31 Payday....................................................................................................................................31 Overtime.................................................................................................................................32 Payroll Deductions..................................................................................................................32 Pay Advances..........................................................................................................................32 Paycheck Policy.......................................................................................................................32 Wage Assignments and Garnishments....................................................................................33 V. BENEFITS.......................................................................................................................34 Benefit Eligibility.....................................................................................................................34 Group Medical Insurance........................................................................................................34 Health Reimbursement Arrangement (“HRA”)........................................................................34 Health Savings Account (“HSA”).............................................................................................34 Dental Insurance.....................................................................................................................35 Continuation of Coverage under Group Health and Dental Plans (COBRA)..............................35 Flexible Spending Plan.............................................................................................................35 Retirement Plan......................................................................................................................35 Group Supplemental Retirement Annuity Plan.........................................................................35 Life Insurance..........................................................................................................................36 Short-Term Disability...............................................................................................................36 Long Term Disability Insurance................................................................................................36 Workers’ Compensation.........................................................................................................37 Professional Development.......................................................................................................37 VI. TIME OFF.......................................................................................................................40 Eligibility for Leaves.................................................................................................................40 Family and Medical Leave Act (“FMLA”)..................................................................................40 Massachusetts Maternity Leave Act (“MMLA”).......................................................................45 Small Necessities Leave Act (“SNLA”)......................................................................................46 Holidays..................................................................................................................................46 Vacation Time.........................................................................................................................47 Paid Sick Leave........................................................................................................................48 Calculation of Holiday, Vacation and Sick Leave Pay................................................................48 Paid Urgent Personal Leave.....................................................................................................48 Bereavement Leave.................................................................................................................49 Jury Duty................................................................................................................................49 Military Leave of Absence.......................................................................................................49 Unpaid Personal Leave............................................................................................................49 Sabbatical Leave.....................................................................................................................51 Voting Time............................................................................................................................52 Religious Leave.......................................................................................................................52 VII. PERFORMANCE IMPROVEMENT..................................................................................53 VIII. TERMINATION OF EMPLOYMENT................................................................................54 By the School with Cause........................................................................................................54 Involuntary Termination of At-Will Employment......................................................................54 Final Pay.................................................................................................................................54 Return of School Property.......................................................................................................54

INTRODUCTION This Handbook has been prepared to acquaint employees with the personnel policies and benefits of The Park School (also referred to here simply as “Park” or the “School”). We hope that employees will find it helpful in many matters that relate to employment at Park. Please read the Handbook and then save it for future reference. This Handbook provides a convenient source of information on policies and procedures affecting all Park School employees. It is designed to provide general guidelines and useful information. Employee eligibility to participate in and receive benefits that are governed by a specific plan document (for example, the medical insurance plan) is governed solely by the terms and conditions of each applicable plan document. The information in this Handbook has deliberately been presented in an informal manner and, as such, is only a summary of the policies and practices of the School. Also, this Handbook is only a general guide to policies of the School. This Handbook is subject to periodic revision, and the policies, procedures, and benefits described may from time to time be modified, revoked, suspended, terminated or changed by the School with or without notice. Periodic updates will be communicated, and we ask all employees to keep up to date on changes. If an employee has any questions about the contents of this Handbook, please ask the Head of School or the Assistant Head of School for Finance & Operations for clarification. The policies and practices summarized in this Handbook are not intended to create and do not create any contractual rights, promises or obligations of any kind with respect to the terms or conditions of employment. This Handbook does not create a contract of employment and, in the absence of such a contract, employment with the School is at-will. This means that the employment relationship may be terminated at any time, with or without notice, for any reason or no reason, by the employee or the School. For employees with such contracts of employment, termination shall be in accordance with such contracts.

I. GENERAL EMPLOYMENT POLICIES Equal Employment Opportunity In order to provide equal employment and advancement opportunities to all individuals, employment decisions at the School are based on merit, qualifications and abilities. The School is committed to a policy of non-discrimination and equal opportunity for all employees and qualified applicants without regard to race, color, gender, pregnancy, age, religion, national origin, ancestry, sexual orientation, gender identity, disability, veteran status, military service, application for military service, genetic information, or any other characteristic protected by applicable law. The School makes reasonable accommodations for qualified individuals with known disabilities, in accordance with applicable law. An applicant who does not meet the minimum qualifications of the position(s) for which the applicant applies will not be considered for employment. This commitment is evident in all aspects of the School’s employment practices and policies, including recruiting, hiring, job assignment, promotion, compensation, discipline, discharge, benefits and training.

Contract Renewal Appointing the employees at Park is the responsibility of the Head of School. Early in each calendar year, the Head of School, with the input of the Division Heads and others, makes a determination of the School’s personnel needs for the coming school year. In order to facilitate the renewal process, individuals who are contemplating departure should notify the Head of School as soon as possible. Employees are expected to sign and return both initial and renewal contracts to the Head of School within 14 days after the contract is received. Park School values each of its employees and looks forward to a continuing and mutually satisfactory employment relationship. It is understood, however, that the School is not obligated to offer renewal of employment to any employee under contract. Employees who do not have a contract of employment are employees “at-will” – that is, either the employee or the School may terminate the employment relationship at any time, with or without cause.

Form I-9 Compliance The United States Government requires every employer to verify the identity and employment eligibility of its employees by asking them to provide proof of the employee’s identity and the employee’s legal right to work in the United States. Therefore, within three (3) days of beginning employment with the School, employees will be required to complete a Form I-9. Employees should bring proof of the employee’s identity and the employee’s legal right to work in the United States with them on the employee’s first day of work and be prepared to complete Section 1 of the Form I-9 at that time. If employees fail to provide information to confirm the employee’s identity and employment eligibility, employees will be subject to immediate discharge. Further, if an employee is in an immigration status while his/her employment authorization will expire he/she must present updated documentation showing employment authorization prior to the expiration date.

Employment Applications Applicants are requested to submit a letter of intent and a current resume to the Head of School. Following review of this information, a personal interview may be scheduled. All applicants invited to campus for an interview will be asked to complete a written application giving the School permission to contact references, including their most recent employer, prior to any job offer. The School relies upon the accuracy of information provided by applicants on the employment application, as well as the accuracy of other data presented by applicants and/or employees throughout the hiring process and during employment. Any misrepresentation, falsification or material omission in any of this information or data may result in the employee’s exclusion from further consideration for employment or, if employees are already employed, immediate discharge, regardless of when or how discovered.

Criminal and Sex Offender Background Check Policy It is the policy of the School to minimize the risk of violence and other criminal conduct towards its students, parents, employees, volunteers, and visitors and to comply with all applicable laws. As such, the School conducts criminal and sex offender background checks on all current and prospective employees and current and prospective volunteers who may have direct and unmonitored contact with children by obtaining Criminal Offender Record Information (CORI) from the Massachusetts Department of Criminal Justice Information Services (DCJIS), fingerprint-based Criminal History Record Information (CHRI) provided by the Massachusetts Statewide Applicant Fingerprint Identification Services (SAFIS), through DCJIS, and Sex Offender Registration Information (SORI) from the Sex Offender Registry Board (SORB) and other state and federal sex offender registries. CORI, CHRI, and other criminal history checks may be part of a general background check for employment or volunteer service. The following practices and procedures are general guidelines relative to such background checks.

CORI I.

Conducting CORI Screening

CORI checks will be conducted as authorized by DCJIS and MGL c. 6, § 172, after the School obtains a completed CORI Acknowledgment Form. If a new CORI check is to be conducted on an individual within a year of his/her signing of the CORI Acknowledgment Form, the individual will be given seventy two (72) hours’ notice that a new CORI check will be conducted. II.

Access to CORI

All CORI obtained from DCJIS is confidential, and access to the information must be limited to those individuals who have a “need to know.” This may include, but not be limited to: hiring managers, staff submitting CORI requests, and staff responsible for processing job applications. The School will maintain and keep a current list of each individual authorized to have access to, or view, CORI. This list will be updated every six (6) months and is subject to inspection upon request by DCJIS. III.

CORI Training

An informed review of a criminal record requires training. Accordingly, all School personnel authorized to review or access CORI or any other information obtained via criminal history background checks will review, and will be thoroughly familiar with, the educational and relevant training materials regarding CORI laws and regulations made available by DCJIS. IV.

Use of Criminal History in Background Screening

CORI used for employment purposes will only be accessed for applicants who are otherwise qualified for the position for which they have applied and who have received a conditional offer of employment. Unless otherwise provided by law, a criminal record will not automatically disqualify an applicant. Rather, determinations of suitability based on background checks will be made consistent with this policy and applicable laws and regulations. V.

Verifying an Individual’s Identity

If a criminal record is received from DCJIS, the information will be closely compared with the information on the CORI Acknowledgment Form and any other identifying information provided by the individual, to help ensure that the criminal record belongs to the individual. If the information in the CORI record provided does not exactly match the identification information provided by the individual, a determination will be made, by an individual authorized to make such determinations, based on a comparison of the CORI record and documents provided by the individual. VI.

Inquiring About Criminal History

In connection with any decision regarding employment or volunteer services, the individual shall be provided with a copy of the criminal history record, whether obtained from DCJIS or from any other source, prior to questioning the individual about his or her criminal history. The source(s) of the criminal history record will also be disclosed to the individual.

VII.

Determining Sustainability

If a determination is made that the criminal record belongs to the individual and the individual does not dispute the record’s accuracy, then the determination of suitability for the position will be made. Unless otherwise provided by law, factors considered in determining suitability may include, but not be limited to, the following: • Relevance of the record to the position sought; • The nature of the work to be performed; • Time since the conviction or completion of any resulting sentence; • Age of the individual at the time of the offense; • Nature, seriousness and specific circumstances of the offense; • The number of offenses; • Whether the applicant has pending charges; • Any relevant evidence of rehabilitation or lack thereof; • The degree of satisfaction of any parole or probation conditions; • The length and consistency of employment before and after the offense; • Employment or character references and any other information regarding fitness for the particular position, as evaluated in light of the CORI Report (as distinguished from the reference check conducted prior to making an offer of employment or volunteer service); • Whether the individual presents evidence that he or she is bonded under a federal, state, or local bonding program; and • Any other relevant information, including information submitted by the candidate or requested by the School. The individual is to be notified of the decision and the basis for it in a timely manner. VIII. Adverse Decisions Based on CORI If the School is inclined to make an adverse decision based on the results of a criminal history background check, the individual will be notified immediately. The individual shall be provided with a copy of the School’s Criminal and Sex Offender Background Check Policy, a copy of the CORI Report (which shall include the source of the CORI Report), and a copy of DCJIS’ “Information Concerning the Process in Correcting a Criminal Record.” The School will also inform the individual of the specific part of the CORI that appears to make the individual ineligible for employment or volunteer service, and provide the individual with an opportunity to dispute the accuracy and relevance of the CORI Report, including whether the CORI Report relates to the specific individual. IX.

Secondary Dissemination Logs

All CORI obtained from DCJIS is confidential and will only be disseminated as authorized by law and regulation. A “secondary dissemination log” shall be used to record any dissemination of CORI outside of the School, including dissemination at the request of the individual who is the subject of the CORI.

CORI/SORI Procedures •

Each applicant, employee, or volunteer will be required to complete and sign a Criminal and Sex Offender Record Review Consent Form and a CORI Acknowledgment Form in conjunction with any application for employment or volunteer service with the School. If the School decides to make an offer of employment or volunteer service, such offer or approval is expressly conditioned upon receipt of satisfactory CORI and/or SORI reports, as determined in the sole discretion of the School. 5

•

Employees and volunteers may also be required to complete and sign a Criminal and Sex Offender Record Review Consent Form and a CORI Acknowledgment Form on a periodic basis. These forms must be completed within three (3) business days following receipt of the form. Continued employment or volunteer services is expressly conditioned upon receipt of satisfactory CORI and SORI checks, as determined in the sole discretion of the School.

•

The School will send a request for SORI to the SORB and other state and federal sex offender registries. The process of obtaining SORI reports can take several days. The School will send a request for CORI to DCJIS. CORI Reports are available online, and are usually available immediately after the request is made.

•

A SORI report identifying an individual as a level 2 or 3 sex offender will result in disqualification from employment or volunteer services with the School.

•

If the information in the CORI record provided does not exactly match the identification information provided by the individual, a determination will be made, by an individual authorized to make such determinations, based on a comparison of the CORI record and documents provided by the individual.

•

If a determination is made that the criminal record belongs to the applicant, employee, or volunteer, then a determination of suitability for the position will be made by the School. In determining whether an individual’s CORI Report is acceptable, the School will consider applicable laws and regulations and the nature of the conviction and/or pending charge information. A conviction or pending charge for certain child-related offenses, such as acts of violence against individuals or property, drug offenses or sexual offenses, as mentioned above, will almost always result in disqualification from employment or volunteer service with the School. A conviction or pending charge for other offenses may result in disqualification from employment or volunteer service with the School, as determined within the sole discretion of the School.

CHRI This policy is applicable to any fingerprint-based state and national criminal history record check made for non-criminal justice purposes and requested under applicable federal authority and/or state statute authorizing such checks for licensing or employment purposes. Where such checks are allowable by law, the following practices and procedures will be followed. I.

Requesting CHRI Checks

Fingerprint-based CHRI checks will only be conducted as authorized by M.G.L. c. 71, §38R and 42 U.S.C. § 16962, in accordance with all applicable state and federal rules and regulations, and in compliance with M.G.L. c. 6, §§ 167-178 and 803 CMR §§ 2.00, et seq. All current and prospective employees who may have direct and unmonitored contact with children (including those employees who regularly provide schoolrelated transportation to children) are required to submit to a CHRI check and will be informed of CHRI requirements and instructed on how to comply with the law, including information on the procedure for submitting fingerprints. In addition, the applicant or employee will be provided with all information needed to successfully register for a fingerprinting appointment (e.g., SAFIS/fingerprint vendor web site address, Provider Identification Number (“Provider ID”)).

II.

Access To CHRI

All CHRI is subject to strict state and federal rules and regulations in addition to Massachusetts CORI laws and regulations. CHRI cannot be shared with any unauthorized entity for any purpose, including subsequent hiring determinations. All receiving entities are subject to audit by DCJIS and the Federal Bureau of Investigation (FBI), and failure to comply with such rules and regulations could lead to sanctions. Title 28, U.S.C, § 534, Pub. L. 92-544 and Title 28 C.F.R. 20.33(b) provide that the exchange of records and information is subject to cancellation if dissemination is made outside of the receiving entity or related entities. Furthermore, an entity can be charged criminally for unauthorized disclosure of CHRI. III.

Storage of CHRI

CHRI shall only be stored for extended periods of time when needed for the integrity and/or utility of an individual’s personnel file. Administrative, technical, and physical safeguards, which are in compliance with the most recent CJIS Security Policy, have been implemented to ensure the security and confidentiality of CHRI. Each individual involved in the handling of CHRI is to familiarize himself/herself with these safeguards. In addition to the above, each individual involved in the handling of CHRI will strictly adhere to the policy regarding storage, retention and destruction of CHRI. IV.

Retention and Destruction of CHRI

Federal law prohibits the repurposing or dissemination of CHRI beyond its initial requested purpose. Once an individual’s CHRI is received, it will be securely retained by the School for the following purposes only: • Historical reference and/or comparison with future CHRI requests; • Dispute of the accuracy of the record; or • Evidence for any subsequent proceedings based on information contained in the CHRI. CHRI will be kept for the above purposes in a locked filing cabinet in the Business Office. When no longer needed, CHRI and any summary of CHRI data must be destroyed by shredding paper copies and/or by deleting all electronic copies from the electronic storage location, including any backup copies or files. The shredding of paper copies of CHRI by an outside vendor must be supervised by the School. V.

CHRI Training

An informed review of a criminal record requires training. Accordingly, all personnel authorized to receive and/ or review CHRI will review and become familiar with the educational and relevant training materials regarding SAFIS and CHRI laws and regulations made available by the appropriate agencies, including DCJIS. VI.

Determining Suitability

In determining an individual’s suitability, unless otherwise provided by law, factors considered in determining suitability may include, but not be limited to, the following: • Relevance of the record to the position sought; • The nature of the work to be performed; • Time since the conviction or completion of any resulting sentence; • Age of the individual at the time of the offense; • Nature, seriousness and specific circumstances of the offense; • The number of offenses; • Whether the applicant has pending charges; • Any relevant evidence of rehabilitation or lack thereof; • The degree of satisfaction of any parole or probation conditions; • The length and consistency of employment before and after the offense; 7

•

• •

Employment or character references and any other information regarding fitness for the particular position, as evaluated in light of the CHRI Report (as distinguished from the reference check conducted prior to making an offer for employment or volunteer service); Whether the individual presents evidence that he or she is bonded under a federal, state, or local bonding program; and Any other relevant information, including information submitted by the candidate or requested by the School.

A record of the suitability determination will be retained. The following information will be included in the determination: • The name and date of birth of the individual; • The date on which the School received the CHRI results; and • The suitability determination (either “suitable” or “unsuitable”). Schools are required to provide documentation of the suitability determination of an individual to another school or to the individual, upon request. VII.

Relying on Previous Suitability Determination

Consistent with 603 CMR 51.06, the School may rely on a suitability determination made by another school employer. Relevant factors might include: date of previous suitability determination, type of organization that conducted the previous determination (public school district, private school), and/or state of residence of subject of suitability determination. VIII. Adverse Decisions Based on CHRI

If inclined to make an adverse decision based on an individual’s CHRI, the School will take the following steps prior to making a final adverse determination: • • • •

Provide the individual with a copy of his or her CHRI used in making the adverse decision; Provide the individual with a copy of the School’s Criminal and Sex Offender Background Check Policy; Provide the individual an opportunity to complete or challenge the accuracy of his or her CHRI; and Provide the individual with a copy of DCJIS’ “How to Change, Correct, or Update Your National Criminal History Record Response.”

The School will also inform the individual of the specific part of the CHRI that appears to make the individual ineligible for employment, and provide the individual with an opportunity to dispute the accuracy and relevance of the CHRI Report, including whether the CHRI Report relates to the specific individual. IX.

Secondary Dissemination of CHRI

If an individual’s CHRI is released to another school employer, a record of that dissemination must be made in the secondary dissemination log. The secondary dissemination log is subject to audit by DCJIS and the FBI. The following information will be recorded in the log: • Name; • Date of Birth; • Date and time of the dissemination; • Name of the individual to whom the information was provided; • Name of the school employer for which the requestor (i.e., the individual for whom the School conducted a suitability determination) works; 8

• • X.

Contact information for the requestor; and The specific reason for the request.

Reporting to Commissioner of Elementary and Secondary Education

Pursuant to M.G.L. ch. 71, § 71R and 603 CMR 51.07, if the School dismisses, declines to renew the employment of, obtains the resignation of, or declines to hire a licensed educator or an applicant for a Massachusetts educator license because of information discovered through a state or national criminal record check, the School shall report such decision or action to the Commissioner of Elementary and Secondary Education in writing within 30 days of the employer’s action or educator’s resignation. The report shall be in a form requested by the Department and shall include the reason for the action or resignation as well as a copy of the criminal record check results. The School shall notify the employee or applicant that it has made a report, pursuant to 603 CMR 51.07(1), to the Commissioner. Pursuant to M.G.L. ch. 71, § 71R and 603 CMR 51.07, if the School discovers information from a state or national criminal record check about a licensed educator or an applicant for a Massachusetts educator license that implicates grounds for license action pursuant to 603 CMR 7.15(8)(a), the School shall report to the Commissioner in writing within 30 days of the discovery, regardless of whether the School retains or hires the educator as an employee. The report must include a copy of the criminal record check results. The School shall notify the employee or applicant that it has made a report, pursuant to 603 CMR 51.07(2), to the Commissioner and shall also send a copy of the criminal record check results to the employee or applicant.

CHRI Procedures •

Each prospective or current employee whose CORI results did not preclude employment, will be required to register and complete the fingerprint process with SAFIS (and should have already signed a Criminal and Sex Offender Record Review Consent Form) in conjunction with any application for employment with the School. If the School decides to make an offer of employment, such offer or approval is expressly conditioned upon receipt of satisfactory CHRI reports, as determined in the sole discretion of the School.

•

Continued employment is expressly conditioned upon receipt of satisfactory CHRI checks, as determined in the sole discretion of the School.

•

If a criminal record is received from DCJIS, the information will be closely compared with any identifying information provided by the individual, to ensure that the criminal record belongs to the individual.

•

If the information in the CHRI record provided does not exactly match the identification information provided by the individual, a determination will be made, by an individual authorized to make such determinations, based on a comparison of the CHRI record and documents provided by the individual.

•

If a determination is made that the criminal record belongs to the applicant or employee, then a determination of suitability for the position will be made by the School. In determining whether an individual’s CHRI Report is acceptable, the School will consider applicable laws and regulations and the nature of the conviction and/or pending charge information. A conviction or pending charge for certain child-related offenses, such as acts of violence against individuals or property, drug offenses or sexual offenses, as mentioned above, will almost always result in disqualification from employment with the School. A conviction or pending charge for other offenses may result in disqualification from employment with the School, as determined within the sole discretion of the School. 9

Employment Classifications Benefits and personnel policies apply to employees on the basis of their employment classifications.

By Function Certain policies may differ depending on whether an employee is hired for an administrator, faculty, staff, academic support, or intern position. Administrators: Employees whose job title is one of the following: Head of School, Assistant Head of School for Finance & Operations, Assistant Head of School for Program and Professional Development, Division Head, Director of Admission, Associate Director of Admission, Director of Development, Director of Academic Support Services, Director of After School Program, Director of Technology, Director of Intern Program, Director of External Programs, Director of Operations, Assistant Business Manager, or Director of Creative Arts at Park. Faculty: Employees whose primary responsibility is classroom teaching in either academic or specialist areas, plus those with the title Secondary School Counselor, Librarian, School Psychologist, Technology Specialist, Service Learning Coordinator, Math Specialist, Language Arts Specialist, or Science Specialist. Staff: Employees whose primary responsibility is in support of the teaching function and/or who work in the Library, After School Program, Business Office, Development Office, Administrative Office, External Programs, Summer at Park, Creative Arts at Park, or Maintenance and Operations. Academic Support: Employees who work in the Academic Support Services department. Intern: Employees in training to learn about and develop skills as classroom teachers.

By Work Schedule Benefits and personnel policies may also differ depending on whether an employee is full-time, regular parttime, limited part-time, temporary or casual. Full-time: A full-time employee is one assigned to an established position with a regular schedule of at least 40 hours per week throughout the academic year. Regular part-time: A regular part-time employee is one assigned to an established position with a regular schedule of at least 20 hours per week but less than 40 hours per week throughout the academic year. Limited part-time: A limited part-time employee is one who is assigned to an established position with a regular schedule that is less than 20 hours per week throughout the academic year. Temporary: A temporary employee is a full-time or part-time employee who is hired to work a regular schedule for a limited period of time, usually no longer than 6 months. Casual: A casual employee is one who works occasionally when and as needed, whether on a full-time or parttime basis, but not on a regular schedule.

Exempt and Non-Exempt Employees All positions at the School are classified as exempt or non-exempt with respect to eligibility for overtime pay. Exempt employees are all administrators, faculty, academic support and interns, and the following staff: Assistant to the Head of School, Director of Communications, Associate Director of Development, Director of Alumni Affairs, Director of Stewardship, Manager of Development Services, School Nurse, Controller, Associate Director of External Programs, and Associate Director of Creative Arts at Park. Exempt employees are not eligible for overtime pay. All other employees are non-exempt, including hourly-paid employees and salaried staff employees. Non-exempt employees will be paid overtime compensation for all hours worked in excess of forty (40) hours in a single work week.

Access to Personnel Files The School maintains a personnel file regarding each employee. Employees may review or obtain a copy of their personnel file, in accordance with applicable law, by submitting a written request to the Head of School, who will schedule an appointment during normal business hours for an employee to review his or her personnel file, in the presence of either the Head of School or the Assistant Head of School for Finance & Operations or will provide a copy of the personnel file within five (5) business days after receipt of the written request.

Introductory Period The first six (6) months of employment are considered an introductory period for all employees of the School. During the introductory period, employment may be terminated at any time and for any reason the School deems appropriate, without notice or pay in lieu of notice.

Performance Evaluations New administrators and faculty receive performance evaluations at the end of each of the first two years of employment. These employees are normally evaluated on a periodic basis (approximately once every three years) thereafter. Administrators and faculty may be evaluated more frequently, however, if there are changes in or concerns about any aspect of their performance. New staff members receive performance evaluations during the first year of employment, one at the end of the introductory period and a second near the end of their first year. Staff members are normally evaluated every other year thereafter. Staff may be evaluated more frequently, however, if there are changes in or concerns about their performance. In general, the purpose of a performance evaluation is (i) to determine whether the employee is meeting the standards and expectations for his/her position; (ii) to set goals for further professional development and achievement; (iii) to recognize excellent areas of performance; and (iv) to identify any deficiencies in performance and to discuss any needed corrections or improvements. Performance evaluations are one of the main factors considered by the Head of School in determining annual renewal of employment contracts.

Conflict of Interest/Code of Ethics The School’s reputation for integrity is its most valuable asset and is directly related to the conduct of its employees. Therefore, employees must use their best judgment not to compromise their professionalism or take advantage of any relationships with donors to the School or parents or families of the School’s students. The School adheres to the highest legal and ethical standards applicable. The School’s business interests and academic mission are pursued in the strict observance of both the letter and spirit of all applicable laws and the integrity of each employee is of utmost importance. Employees of the School are expected to conduct their personal affairs in such a fashion that their duties and responsibilities to the School are not jeopardized and/or legal questions do not arise with respect to their association or work with the School. Any questions regarding this policy should be addressed to the Head of School.

Confidentiality It is the policy and practice of the School to maintain the confidential nature of information regarding the School, its students, families, and/or donors, including but not limited to names, contacts, reports, lists, agreements, plans, ideas, data, records, and other information relating to the School, its students, and/or benefactors. Such information is the property of the School, and it is the obligation of all employees to take every effort to preserve the confidentiality of this information and not to disclose or reveal this information to any other person, business, or organization except through normal channels and with appropriate authorization. Employees of the School will be exposed to sensitive information. Sensitive information includes but is not limited to student records, medical information, and other personally identifiable sources of information. It is the policy of the School that such personally identifiable information should only be viewed or received by school employees or viewed or received by legitimate requests made in writing by other schools or parents. If there is any question as to the legitimacy of a request, it should be forwarded to the Head of School or the Assistant Head of School for Finance & Operations. If an employee at some time wishes to recount a story or describe an experience that transpired at the School, the employee should refrain from using any student’s last name or any other personally identifiable information when recounting the story. This policy also applies to former students and graduates. Employees or volunteers who release personally identifiable information in violation of this policy shall be subject to discipline. Such discipline may include, but is not be limited to, termination. Employees shall maintain the confidentiality of all records, papers, and documents maintained by an employee relating to the School and all such records, papers and documents shall remain the property of the School and shall be delivered by the employee to the School at termination. Any improper transfer of material or disclosure of information, even though it is not apparent that an employee has personally gained by such action, constitutes unacceptable conduct. Any employee who participates in such a practice may be subject to disciplinary action, up to and including termination.

Outside Employment Outside employment is acceptable provided it does not diminish the employee’s effectiveness or interfere with his or her school duties and provided that it does not create a conflict of interest. If, in the judgment of the Head of School, outside employment is detrimental to the employee’s job performance or otherwise conflicts with the best interests of the School, the employee will be required to terminate his or her outside employment as a condition of continued employment with the School. 12

II. THE WORKPLACE Employee Conduct To ensure orderly operations and provide the best possible work environment, the School expects employees to follow rules of conduct that will protect the interests and safety of all employees, students and visitors. Accordingly, employees are expected to be a positive reflection of the School by being courteous to colleagues, students, parents and other visitors, by using the School’s resources and equipment for business purposes only, and by complying with the School’s policies and practices and with federal, state, and local laws. For all employees, professional conduct should be a matter of course. While it is not possible to list all forms of behavior that are considered unacceptable in the workplace, the following are examples of inappropriate conduct that may result in suspension without pay and/or other disciplinary action, up to and including termination of employment: • • • • • • • • • • • • • • • • • • • • • •

Physical, verbal or emotional abuse of a child Endangering the safety of a child Inappropriate conduct, including inappropriate friendships, relationships and socialization with students of the School Theft, damage to, or unauthorized removal or possession of property of the School, students, parents, co-workers, or visitors Falsification of any employment records Working under the influence of alcohol or drugs that are illegal under federal or state law Possession, distribution, sale, transfer or use of alcohol or illegal drugs, or misuse of prescription drugs in the workplace Fighting or threatening violence in the workplace Boisterous or disruptive activity in the workplace Insubordination or other disrespectful conduct Conduct, including but not limited to speech, which harms or threatens harm to others or is abusive or demeaning Failure to work in a manner consistent with the School’s philosophy Violation of safety or health rules Violation of the School’s policies regarding sexual or other harassment Possession of dangerous or unauthorized materials, such as explosives or firearms, in the workplace Excessive absenteeism, tardiness, abuse of meal/break periods or any unauthorized absence Unauthorized use of telephones, the mail system, or any equipment owned by the School Unauthorized disclosure of confidential information Unsatisfactory job performance or conduct Unethical, dishonest, or criminal conduct Failure to comply with the School’s workplace policies Unauthorized disclosure of proprietary, confidential, or personal information or violation of the School’s policies that seek to protect such information

If an employee’s performance, work habits, overall attitude, conduct, or demeanor becomes unsatisfactory, as determined by the School in its sole discretion, based on violations of this policy or of any other policies, rules or regulations of the School, the employee may be subject to disciplinary action, up to and including termination of employment. 13

Sexual and Other Harassment The School is committed to providing a work environment that is free from all forms of discrimination and conduct which can be considered harassing, coercive or disruptive, including sexual harassment. Therefore, the School prohibits all inappropriate and/or unlawful discrimination and harassment based on a person’s protected class. Definition of Sexual Harassment Sexual harassment means sexual advances, requests for sexual favors, and/or verbal or physical conduct of a sexual nature when: (1) submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of employment or the basis for an employment decision; (2) such conduct has the purpose or effect of interfering with work performance, or creating an intimidating, hostile, humiliating or sexually offensive work environment. The legal definition of sexual harassment is broad and includes other sexually oriented conduct that is unwelcome and has the effect, whether intended or not, of creating a workplace that is hostile, offensive, intimidating or humiliating. While it is not possible to list all of the circumstances that may constitute sexual harassment, the following are some examples of conduct that may constitute sexual harassment, depending on the circumstances, including the severity of the conduct and its pervasiveness: •

Sexual advances, whether they involve physical touching or not.

•

Epithets or jokes of a sexual nature, written or oral references to sexual conduct, discussion of one’s sex life or comments about an individual’s sexual prowess, deficiencies or activity.

•

Display of objects, pictures, or cartoons of a sexual nature.

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Leering, whistling, or physical touching of another’s body.

•

Continuing to ask another employee to socialize after the employee has said no.

Other Harassment For purposes of this policy, other harassment is defined as verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of the individual’s race, color, gender, pregnancy, age, religion, national origin, ancestry, sexual orientation, gender identity, disability, veteran status, military service, genetic information, or any other characteristic protected by applicable law, and that: •

has the purpose or effect of creating an intimidating, hostile or offensive work environment, or

•

has the purpose or effect of unreasonably interfering with an individual’s work performance.

Some examples of such harassment are: using epithets or slurs or making jokes or pranks that focus on a protected characteristic; and circulating or displaying written or graphic material that denigrates or shows hostility or aversion toward a person or group because of a protected characteristic. Complaints of Harassment and/or Retaliation The responsibility to investigate complaints of sexual or other harassment has been assigned to the Head of School or the Assistant Head of School for Finance & Operations. If employees experience or witness sexual or other harassment in the workplace, employees should immediately report it to the Head of School, the Assistant Head of School, or the Chairperson of the Board of Trustees. Employees should not allow an inappropriate situation to continue by not reporting it. 14

The School strictly prohibits retaliation against any employee in connection with any good-faith report of harassment. If an employee believes that he or she has been retaliated against in connection with any goodfaith report of harassment, the employee should immediately report such conduct to the Head of School, the Assistant Head of School for Finance & Operations, or the Chairperson of the Board of Trustees. Investigations Upon receipt of a complaint of harassment, the School will promptly conduct a thorough investigation in such a way as to maintain the employee’s confidentiality to the extent possible under the circumstances. Any employee of the School who is found to have harassed or retaliated against another employee may be subject to disciplinary action, up to and including termination of employment. The School also recognizes that false accusations, especially of sexual harassment, may have serious effects on innocent persons. Employees found to have made false accusations of sexual or other harassment may also be subject to appropriate disciplinary action, up to and including termination of employment. State and Federal Agencies The following is a list of state and federal government agencies that enforce employment discrimination laws: Massachusetts Commission Against Discrimination (“MCAD”) One Ashburton Place 436 Dwight Street Sixth Floor, Room 601 Second Floor, Room 220 Boston, MA 02108 Springfield, MA 01103 (617) 994-6000 (413) 739-2145 Worcester City Hall 800 Purchase Street, Room 501 455 Main Street, Room 100 New Bedford, MA 02740 Worcester, MA 01608 (508) 990-2390 (508) 799-8010 United States Equal Employment Opportunity Commission (“EEOC”) John F. Kennedy Federal Building 475 Government Center Boston, MA 02203-0506 (617) 565-3200

Internal Reporting and Anti-Retaliation Policy The School is committed to maintaining its reputation for honesty, fairness, respect, responsibility, integrity, trust, and sound judgment. As employees of the School, honesty and integrity in fulfilling responsibilities is expected in compliance with all applicable laws and regulations. To that end, the School has established policies that require employees of the School to observe the spirit and letter of all applicable laws and regulations, and to conduct themselves in accordance with the highest standards of conduct and personal integrity.

As part of its commitment to ethical and legal conduct, the School expects its employees to bring to the School’s attention all information about any ethical, financial, or legal concerns about the School or about known or reasonably suspected violations of this commitment by other individuals. This policy is intended to ensure that employees of the School are encouraged to report any ethical or legal concerns about the School without fear of reprisal or retaliation. It is a violation of this policy for anyone, acting on behalf of the School, to retaliate against any individual who makes a good faith report in accordance with this policy. The School has designated the Head of School and the Assistant Head of School for Finance & Operations as individuals to whom reports should be made under this policy. Reporting Responsibility It is the responsibility of all employees of the School to comply with the School’s policies and to report violations or suspected violations of the School’s policies or applicable law in accordance with this policy. Employees are also required to comply with applicable federal and state law and to report violations or suspected violations of applicable law, including but not limited to the Occupational Safety and Health Act, federal and state environmental laws, and the Affordable Care Act, in accordance with this policy. This policy is intended to encourage and enable employees to raise serious concerns within the School prior to seeking resolution outside of the School. Before an employee discloses a violation outside the School, the employee is urged to provide notice to the School in accordance with this policy to allow the School the reasonable opportunity, when appropriate, to take corrective action. Because failure to report criminal activity can itself be understood to condone the crime, individuals should come forward with information about any such activity, without regard for the identity or position of the employee involved. No Retaliation No employee who in good faith reports a violation of the School’s policies or applicable law shall suffer harassment, retaliation or adverse employment consequence related to such report. It is a violation of this policy for anyone, whether acting alone or on behalf of the School, to retaliate against any individual who makes a good faith report in accordance with this policy. An employee who retaliates against someone who has reported a violation in good faith may be subject to discipline up to and including termination of employment. Acting in Good Faith Anyone reporting a violation or suspected violation of the School’s policies or applicable law must be acting in good faith and have reasonable grounds for believing the information indicates a violation. Employees found to have knowingly made false accusations may be subject to disciplinary action, up to and including termination of employment. Confidentiality While the School encourages the reporting individual to reveal his or her name to facilitate investigation, concerns reported anonymously will be investigated to the fullest extent possible under the circumstances. Upon receipt of a report, the School will promptly conduct a thorough investigation in such a way as to maintain the confidentiality of the individuals involved as appropriate under the circumstances.

Open Door Policy The School recognizes that in any organization problems may develop that require attention and resolution. The School feels that one of the best ways to solve such problems is to discuss them openly before they become serious. Each employee is encouraged to make it known when an employment problem arises. Administrators are available to speak to employees about their concerns on a regular basis. In most cases, when a question or difficulty arises, the easiest and most efficient way of communicating is through a frank discussion with the employee’s immediate supervisor. Most problems and misunderstandings can be resolved in this manner. Employees are encouraged to make an appointment to sit down with their immediate supervisor to discuss the situation as soon as possible after an employment problem arises. If the immediate supervisor is unable to resolve the problem to the employee’s satisfaction, or if the problem is one that it is not appropriate to discuss with the employee’s immediate supervisor, the employee should make an appointment to meet with the Assistant Head of School for Finance & Operations or the Head of School. The Assistant Head of School for Finance & Operations or the Head of School will arrange a meeting with the employee to discuss the problem. The employee’s supervisor may also be asked to attend the meeting. If a decision is required for resolution of the problem, the Assistant Head of School for Finance & Operations or the Head of School may render a decision at the end of the meeting or, if time is needed for investigation or to explore possible solutions, as soon after the meeting as is practical. The decision of the Assistant Head of School for Finance & Operations or the Head of School is final.

Personal Appearance Since each employee represents the School to the public, both by appearance and by manner, it is expected that employees will always be neatly and professionally dressed according to the demands of their specific work assignments.

Information Systems Policy It is important for all employees to understand the responsibilities and obligations that accompany the use of the School’s information system, including computers, school networks, servers, the Internet, and various other technology-related devices and services. The computers, technology, and communications systems - hardware, software, and all message contents - are the property of the School. The e-mail system and Internet access are educational and business tools provided by the School for use in the conduct of work related to the School. An employee may use the information system for his or her personal use provided this does not interfere with his or her work or the work of others; provided the School does not incur added expense as a result; and provided that the employee’s usage is otherwise consistent with this and other School policies. Any information input, accessed or stored on our equipment, however, is not private. From time to time, an employee may be issued or borrow technology equipment, such as a laptop computer, digital or video camera, or other expensive and fragile devices. He or she must take care of these items, keeping them in proper working order and safe from physical damage or theft. Reckless disregard for such equipment will not be tolerated. If the School finds that an employee who has borrowed equipment did not take proper precautions to care for the item, the School may seek reimbursement for the lost or damaged item, and or subject the employee to disciplinary action. 17

Voice mail, electronic mail (“e-mail”) and Internet access are provided by the School for use by School employees primarily for School business. Voicemail greetings and e-mail signatures should be professional and reflect an appropriate professional image. All e-mail, voice mail messages and other communications sent internally or externally using School computers, telephones, or other communications equipment or systems are the property of the School. Therefore, employees should not expect that any messages transmitted using this equipment or these systems are private. School employees are asked to use common sense and good judgment when sending messages to others and when using the Internet, regardless of their location at the time of use. E-mail messages and the Internet sites each employee visits can be traced back by others as originating from the School. Each employee’s on-line behavior inevitably reflects upon the entire School community. Please note that the “delete” command does not mean that an e-mail message is irretrievably erased from the computer system. Copies of messages linger on with recipients and on the School’s back-up files. E-mail messages are not ephemeral electronic communications, but documents that are discoverable in litigation. Care should be taken not to express anything in e-mail or on the Internet that the employee would not want said in open court. Following is a non-exhaustive list of unacceptable uses of the School’s e-mail, voice mail and Internet systems: • Transmission of trade secrets or other confidential School information. • Transmission of material that is false, derogatory, profane, vulgar or sexually explicit, or any other material that the School considers offensive (e.g., a racial or ethnic slur). • Downloading from the Internet of sexually explicit or other offensive materials, software programs, or any copyrighted or trademarked materials, unless there is a legitimate professional reason to do so. Please note that the School’s Internet system routinely keeps a log file which contains a list of the web sites accessed from school computers. The School’s policies against sexual and other types of harassment fully apply to use of the School’s information systems. • Viewing or posting messages to Web sites that contain sexually explicit, racist or other material that the School considers offensive. • Attempting to disguise the employee’s name or the origin of any transmission over any of the School’s communication systems. • Engaging in any criminal activity. Employees are responsible for ensuring that use of the School’s communication resources does not compromise the security of School computer systems and networks or risk disclosure of confidential, sensitive, or personal information. These duties include taking reasonable precautions to prevent intruders from accessing the School’s network (e.g., logging off of the network before leaving the office, following all password and user authentication protocols, and ensuring confidential information is not left in open areas such as common printers). All material received in digital form and not belonging to the School must be scanned for viruses and other destructive programs before being placed on School computers or networks. In addition, because home computers and laptops may contain viruses, data transferred from home computers or laptops to the School’s network must be scanned for viruses. Employees are required to take reasonable measures to limit access to personal information, and to limit the collection or retention of personal information to only what is reasonably necessary to accomplish the legitimate purpose for which the personal information is collected, stored, or accessed. Further, employees are required to comply with all information security laws and regulations, and any other policies and programs adopted by the School to comply with the School’s obligations to maintain the security of personal information. For 18

purposes of this policy, personal information is defined as a person’s name (either the person’s first and last names, or the person’s first initial and last name) in combination with the person’s: a) Social Security number, b) driver’s license or state-issued identification number, or c) credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual’s financial account. Additionally, dissociated data that, if linked, would constitute personal information is personal information if the means to link the dissociated data were accessed in connection with access to the dissociated data. Software The unauthorized use, installation, copying or distribution of copyrighted, trademarked, or patented material on the internet is expressly prohibited. As a general rule, if an employee did not create material, does not own the rights to it, or has not obtained authorization for its use, it should not be put on the internet. The School purchases and licenses the use of computer software for business purposes and does not own the copyright to this software or its related documentation. Unless authorized by the software developer, the School does not have the right to reproduce such software for use on more than one (1) computer. Employees may only use software on local area networks or on multiple machines in accordance with the relevant software license agreement. The School prohibits the illegal duplication of software and its related documentation. Employees may not install or use encryption software on any School computers or network without first obtaining written authorization from the Director of Technology. Violations of this policy may result in disciplinary action up to and including termination of employment.

E-mail, Voice Mail and Internet Usage Because e-mail, voice mail and Internet access are business tools provided to employees for business purposes, the School reserves the right to access, monitor and review employees’ e-mail and voice mail messages and Internet activity. In addition, the School may disclose the contents of e-mail and voice mail messages when it determines that there is a business or other appropriate reason to do so. All such messages and all records of Internet activity are also subject to “backup” or other form of electronic storage or reproduction. Employees are not permitted to access the e-mail or voice mail of any other employee without the approval of that employee or the approval of a School administrator or faculty supervisor, unless there is a pressing business reason to do so.

Social Media As stated above in the Information Systems Policy, it is the School’s policy that employees limit their use of the School’s equipment for personal reasons. In addition, whether employees use the School’s equipment or their own equipment on their own time, if employees contribute to social networking websites, Internet bulletin boards, blogs, chat rooms or other websites or online resources, they must comply with their confidentiality obligations. It is a violation of the School’s policy for an employee to post any information about the School’s students on an Internet chat room, blog, bulletin board, social networking website or similar medium. Similarly, the School will not tolerate the disclosure of any confidential information, such as personal information, as defined in the School’s Personal Information Security Policy. The School understands that employees may wish to create and maintain personal blogs or use social networking websites (such as Twitter, LinkedIn, Instagram, Pinterest, and Facebook). Because such activities can impact the School, employees are expected to follow these guidelines when posting to a personal blog or 19

participating in online social networking: •

Employees’ communications on social networking services contain employees’ own personal views, not the views of the School; however, readers may not immediately appreciate this concept. Employees are required to obtain prior authorization from the Head of School before posting a message that is in the School’s name or could reasonably be attributed to the School.

•

Employees are prohibited from using or disclosing confidential, proprietary, sensitive, personal and/ or trade secret information of the School or its employees, students, students’ families, donors, visitors or other third-parties. Employees may not disclose personal information as defined in the School’s Personal Information Security Policy, or confidential information as defined in this Handbook.

•

Harassment of other employees or students will not be tolerated. Blogs or communications through social networking services should not violate the School’s conduct-related policies, including its Employee Conduct, Equal Employment Opportunity, Personal Information Security and Sexual and Other Harassment Policies. When participating in online social networking or posting to a blog, employees must be respectful of others. Employees should assume that people, including co-workers and students, are reading the employee’s posts. Even after deleting a blog, certain technology may still make that content available to readers.

•

Employees may not be “friends” with or otherwise contact any current students of the School (or any former students who are under the age of 18) on any social networking or similar sites, including, but not limited to, Facebook, MySpace, LinkedIn and Twitter. This prohibition shall not preclude employees of the School who are the parents or guardians of current students of the School from being “friends” with their children on social media.

•

Employees are prohibited from emailing or otherwise communicating electronically with parents of current Park students in connection with personal fundraising activities unless the employee had a preexisting acquaintance with the parent prior to meeting him or her at Park. Further, it is asked that employees be sensitive to the amount and frequency colleagues are asked to support personal fundraising activities as well. To the extent members of the community can refrain from soliciting for various personal fundraising activities via electronic communications, it would be appreciated.

Employees should always be respectful, courteous and fair to co-workers, students, families, benefactors, guests, vendors and others who do business with the School. Employees should also keep in mind that they are more likely to resolve work-related complaints by speaking directly with colleagues or by utilizing the School’s Open Door Policy than by posting complaints to a social media outlet. Nevertheless, if an employee decides to post complaints or criticism, avoid using statements, photographs, video or audio that reasonably could be viewed as malicious, obscene, threatening, or intimidating, that disparages colleagues, students, alumni, families and other members of the School community, or that might constitute harassment or bullying. Examples of such conduct might include offensive posts meant to intentionally harm someone’s reputation or posts that could contribute to a hostile work environment on the basis of race, sex, disability, religion, or any other status protected by law or School policy. The School, in its sole discretion, will determine whether a particular Internet communication violates School policies. The School further reserves the right to request that employees refrain from commenting on topics related to the School (or, if necessary, suspend the blog altogether), if advisable to comply with applicable law. Should employees have any questions about this policy or how it may apply to the employee’s blog or online 20

profile, employees should contact the employee’s supervisor or the Director of Technology.

Personal Information Security Policy The School recognizes the importance of maintaining the security of personal information and therefore complies with all laws regulating the retention of such information. For purposes of this policy, “personal information” is defined as a person’s name (either the person’s first and last names, or the person’s first initial and last name) in combination with the person’s social security number, driver’s license or state-issued identification number, financial account number, or credit or debit card number. Personal information may be found in printed documents and hard files, but can also be collected, accessed and stored electronically. Personal information is covered by this policy whether it is printed or electronically stored. Employees are required to take all reasonable measures to limit access to personal information, and to limit the collection or retention of personal information, to only what is reasonably necessary to accomplish the legitimate purpose for which the personal information is collected, stored or accessed. Further, employees are required to comply with all information security laws and regulations, and any other policies and programs adopted by the School to comply with the School obligations to maintain the security of personal information. The School’s Written Information Security Program (“WISP”) and more detailed information and procedures, can be found in the Business Office. Policy Responsibility The Director of Technology has responsibility for ensuring adherence to the School’s Personal Information Security Policy. Any questions concerning these policies should be directed to the Director of Technology.

Use of Cellular Telephones and Other Communication Devices The School is committed to protecting employees and others from the hazards that can be caused by inappropriate use of a cellular telephone, PDA, iPhone, Treo, Blackberry, or other communication device for telephone calls, text messaging, reading/sending email, and/or accessing the Internet (collectively referred to as “Communication Devices”). To minimize distractions within the School’s premises and to promote productivity, employees who use a Communication Device in the workplace are required to adhere to the following guidelines: •

While at work, employees are expected to exercise discretion in using personal cellular telephones as is expected for the use of the School’s telephones.

•

Employees are expected to participate in any personal telephone calls on non-work time and to ensure that friends and family members are aware of the School’s policy.

•

Ring tones must be switched off or to a “vibrate” mode in order to prevent distractions to co-workers.

Accordingly, employees who use Communication Devices while traveling outside of the School’s facilities are required to adhere to the following guidelines: •

No employee shall use a Communication Device while operating a personal vehicle and engaged in business related to the School, or while operating a vehicle leased or owned by the School at any time. Employees who use Communication Devices while driving any motor vehicle during work hours or 21

•

while they are engaged in business related to the School are expected to pull over to the side of the road before making or receiving calls, text messaging, reading/sending email, or accessing the Internet. Similarly, employees who use a Communication Device while driving a vehicle leased or owned by the School are, at all times, expected to pull over to the side of the road before making or receiving calls, text messaging, reading/sending email, or accessing the Internet. Employees must adhere to all federal, state and local laws, regulations and ordinances governing the use of cellular telephones and all other Communication Devices while driving. The use of a cellular telephone while driving is illegal in some places. In addition, texting while driving is illegal in Massachusetts. Therefore, the use of a Communication Device while driving should be avoided as a general practice even when headset or voice-activated features may be available.

•

Employees who are charged with traffic violations or any criminal action resulting from the use of a Communication Device will be solely responsible for all liabilities that result from such use.

•

Employees are always expected to exercise discretion and care while utilizing any Communication Device, and to avoid placing themselves or others at risk.

If an employee has any questions regarding this Policy, he or she should contact the Assistant Head of School for Finance & Operations.

Personal Fundraising Employees are prohibited from soliciting parents and other family members of current Park students in connection with personal fundraising activities unless the employee had a preexisting personal relationship with the family member prior to meeting him or her at Park. In addition, it is asked that employees be sensitive to the amount and frequency colleagues are asked to support personal fundraising activities as well. To the extent members of the community can refrain from soliciting for various personal fundraising activities, it would be appreciated.

Visitors All visitors to the School must enter through the front entrance and proceed to the receptionist, where they will be asked to sign in. The receptionist will request appropriate identification from visitors not known to her or him. All visitors will be given a lanyard containing a name tag with the visitor’s name and the organization with whom the visitor is affiliated, as appropriate. Visitors should wear the name tag at all times while they are visiting the School. To the extent possible, employees are requested to notify the Assistant to the Head of School regarding any planned visitors to the School, so that the receptionist will be expecting them.

III. HEALTH AND SAFETY Child Abuse Reporting Policy The School is committed to the highest standards of care for its children. The following policy is intended to ensure that children are protected from any inappropriate or hurtful actions by adults responsible for their care. In addition, under Massachusetts law, all professionals responsible for the care of children are required to report suspected abuse or neglect of children under the age of eighteen (18). Massachusetts law requires professionals responsible for the care of children (including, but not limited to, care workers, teachers, administrators, etc.) to make a report to the Department of Children and Families (DCF) when, in their professional capacity, they have reasonable cause to believe that a child under the age of eighteen (18) is suffering from abuse or neglect (defined below). The responsibility to report rests both on the School and all professionals responsible for the care of children who are associated with the School. The following procedure is established to ensure that reports are made in a timely and effective manner, and that information about students and their families is treated in a way which is respectful of their privacy. Procedure When an employee learns of a situation of possible neglect or abuse, they must consult immediately with the Head of School or the Division Head about the situation so that appropriate action can be taken to protect the child and timely reports can be made to DCF. The Head of School or the Division Head will review the information immediately and may consult with the School’s physician or mental health consultant, and, if appropriate, the child’s family. If appropriate, legal counsel and/or a consultant specializing in the care and protection of children also may be involved in these reviews. Every effort will be made to protect the confidentiality of the child and his or her family. If the abuse or neglect is suspected to come from the child’s family, an approach to protecting the child will be defined and the family will be promptly notified of the School’s obligation to report the information to DCF. If the Head of School determines that a report should be made to DCF, the Head of School (or his or her designee) will make the first report to DCF by telephone call (Child-At-Risk Hotline at 1-800-792-5200). As required by law, a written report must follow within forty-eight (48) hours after making the oral report. The form for filing this report can be obtained from the DCF website: http://www.mass.gov/eohhs/docs/dcf/ child-abuse-reporting-form.pdf. In the event it is not clear whether conduct reaches a level of reportable abuse or neglect or there is a disagreement between an employee and the School’s administration, any party who believes that the incident rises to the threshold for making a report must make the report. Once again, the responsibility to report rests both on the individual professional and the School. Effective July 1, 2010, any mandated reporter who willfully fails to report child abuse or neglect that resulted in serious bodily injury or death can be punished by a fine of up to Five Thousand Dollars ($5,000) and up to two and a half (2 ½) years in jail, and be reported to the person’s professional licensing authority. In addition, mandated reporters who knowingly and willfully file a frivolous report can be punished by a fine up to Two Thousand Dollars ($2,000) for the first offense, up to six (6) months in jail for a second offense, and up to two and a half (2 ½) years in jail for a third offense.

Definitions DCF regulations (110 CMR § 2.00) define “abuse” as the non-accidental commission of any act by a caretaker upon a child under age eighteen (18) which causes, or creates a substantial risk of, physical or emotional injury; or constitutes a sexual offense under the laws of the Commonwealth; or any sexual contact between a caretaker and a child under the care of that individual. This definition is not dependent upon location (i.e., abuse can occur while the child is in an out-of-home or in-home setting). The term “neglect” means failure by a caretaker, either deliberately or through negligence or inability, to take those actions necessary to provide a child with minimally adequate food, clothing, shelter, medical care, supervision, emotional stability and growth, or other essential care; provided, however, that such inability is not due solely to inadequate economic resources or solely to the existence of a handicapping condition. This definition is not dependent upon location (i.e., neglect can occur while the child is in an out-of-home or inhome setting). The term “physical injury” means death; or fracture of a bone, a subdural hematoma, burns, impairment of any organ, and any other such nontrivial injury; or soft tissue swelling or skin bruising, depending on such factors as the child’s age, circumstances under which the injury occurred and the number and location of bruises; or addiction to a drug or drugs at birth; or failure to thrive. The term “emotional injury” means an impairment to or disorder of the intellectual or psychological capacity of a child as evidenced by observable and substantial reduction in the child’s ability to function within a normal range of performance and behavior. A “caretaker” can be a child’s parent, step-parent, guardian, or any household member entrusted with the responsibility for a child’s health or welfare. In addition, any other person entrusted with the responsibility for a child’s health or welfare, both in and out of the child’s home, regardless of age, is considered a caretaker. Examples may include: relatives from outside the home, teachers or school staff in a school setting, workers at day care, and child care centers (including babysitters), foster parents, staff at a group care facility, or persons charged with caring for children in any other comparable setting.

Workplace Violence Prevention The School is committed to providing a workplace that is free from acts of violence or threats of violence. In keeping with this commitment, employees are strictly prohibited from threatening or committing any act of violence in the workplace, while on duty, while on School-related business, or while off-duty if the School determines that the incident may lead to an incident of violence on School campus. This policy applies to all employees, including supervisors and non-supervisory employees. It also applies to third parties, including employee guests, independent contractors, and anyone else who is on the School’s campus or engaged in School business. The School has zero tolerance for individuals and employees who make threats, engage in threatening behavior, or commit acts of violence against employees, visitors, students, guests, or other individuals. Compliance with this policy is each employee’s responsibility. Employees are required to immediately report to a supervisor, the Assistant Head of School for Finance & Operations, or the Head of School any incident involving a threat of violence or violent behavior. If an employee is confronted with a potentially violent situation, the employee should not attempt to handle the situation, but should report it immediately to a member of the administration. If a report is made to a supervisor or member of the administration, that individual must immediately inform the Head of School, and the matter will be investigated promptly and appropriate corrective action, if required, will be taken. This action may include disciplinary action up to and including immediate termination of employment. 24

Employees who become aware of any workplace security hazards, or who have suggestions for increasing security on campus, should speak with their supervisor, the Assistant Head of School for Finance & Operations or the Head of School. The School encourages employees to help make the workplace as safe and secure as possible. To the extent permitted by applicable law, employees are prohibited from bringing onto the School’s campus any firearms, weapons, explosives, incendiary devises, or similar materials at any time. To the extent permitted by applicable law, this policy includes a prohibition against having firearms or other prohibited material in a vehicle while stored in or parked on School property. Employees who have licenses to carry weapons must also comply with this policy at all times. Violation of this policy may result in immediate termination. Employees are required to report violations of this policy, including any incidents involving actual or threatened violence. Employees making good faith reports may do so without fear of retaliation.

Bullying Bullying is prohibited by Massachusetts state law and School policy. Massachusetts law defines “bullying” broadly – as the repeated use by one or more students or by a member of a school staff including, but not limited to, an educator, administrator, school nurse, cafeteria worker, custodian, bus driver, athletic coach, advisor to an extracurricular activity or paraprofessional of a written, verbal, or electronic expression, or a physical act or gesture, or any combination thereof, directed at a target that has the effect of: •

Causing physical or emotional harm to the target or damage to the target’s property;

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Placing the target in reasonable fear of harm to himself or herself or of damage to his or her property;

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Creating a hostile environment at school for the target;

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Infringing on the rights of the target at school; or

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Materially and substantially disrupting the education process or the orderly operation of the School.

“Cyber-bullying,” defined as bullying undertaken through the use of technology or any electronic means, is explicitly prohibited under the law. The proscription against bullying extends beyond school grounds to School-sponsored and School-related activities, functions and programs; school bus stops; school buses and other vehicles owned, leased or used by the School; and school computers and other technologies. Bullying at a location or function that is not school-related, or via technology or an electronic device that is not owned, leased or used by the School, is also prohibited if the bullying creates a hostile environment for the victim while he or she is at school. Thus, a student or a member of the School staff (as defined above) who sends a harassing text message to another student will be considered to have engaged in bullying if the recipient of the text message is placed in reasonable fear of physical harm while at school, even if the message was sent and received outside of school hours and off school property. An employee who learns or suspects that a student is being bullied should take appropriate steps to intervene, to the extent that he or she can do so without danger or peril to himself/herself or others, and report such information to the Head of School or a Division Head as soon as possible. Please refer to the School’s Bullying Prevention and Intervention Plan for more information.

Communicable Illnesses in the Workplace The School reserves the right to exclude a person with a communicable illness from work if the School finds that, based on a medical determination, such restriction is necessary for the welfare of the person who has the communicable illness and/or the welfare of other employees, students, or visitors.

Reasonable Accommodation for Qualified Individuals with Disabilities To comply with applicable laws ensuring equal employment opportunities to qualified individuals with disabilities, the School will make reasonable accommodation(s) that are medically necessary for the known physical or mental impairments of an otherwise qualified individual with a disability who is an employee, unless the School determines in its sole discretion that such accommodation(s) would result in undue hardship to the School. Any employee who seeks an accommodation must comply with the following process: •

Notify his or her supervisor, or the Assistant Head of School for Finance & Operations, that the employee is requesting an accommodation to enable the employee to perform the essential functions of the employee’s position.

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When requesting an accommodation, employees are required to provide to the School written documentation from a medical provider supporting the employee’s need for an accommodation. The written documentation must include the name of the employee’s medical provider, the anticipated duration of the need for an accommodation (e.g., temporary for a specified number of days or permanent accommodation), the medical basis for the accommodation and the specific part of the employee’s job that he/she is not able to perform. Please note, the medical information required in this step of the process must be given to the Assistant Head of School for Finance & Operations and should not be given to the employee’s supervisor. All medical information provided to the School will be kept confidential in a separate file and will only be shared with other employees at the School on a need to know basis.

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After receiving the required medical information, the Assistant Head of School for Finance & Operations will meet with the employee to discuss the precise functional limitations caused by the disability and potential reasonable accommodations, if any, that are available and that do not create an undue hardship on the School.

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The School will then approve the requested accommodation, offer a reasonable alternative, or deny the requested accommodation.

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The Assistant Head of School for Finance & Operations will notify the employee in writing of the School’s determination.

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An employee should not assume that an accommodation has been granted until the employee receives written confirmation from the School.

Accommodations For Nursing Mothers The School is committed to supporting nursing mothers who choose to express breast milk while at work. Specifically, the School will provide a clean, private location other than a bathroom currently being used as a bathroom, which may be used by employees to express breast milk. In addition, for up to one year following the birth of the employee’s child, employees are permitted to take reasonable breaks for the purpose of expressing 26

breast milk. Employees are encouraged to take nursing breaks during regularly free periods (e.g., between classes). If additional breaks are needed and coverage is necessary, the employee should coordinate with her Division Head. If an employee chooses to express breast milk at work, the employee must provide reasonable notice to her supervisor or the Assistant Head of School for Finance & Operations to enable the School to provide a suitable location for expressing breast milk.

Drug-Free Workplace The School strives to maintain a safe workplace and thus prohibits employees from engaging in drug activity while on School premises or while otherwise working on behalf of the School. The use of drugs or other controlled substances threatens the entire environment and will not be tolerated. This policy applies to every School employee. Employees are prohibited from reporting to work or performing any job-related activities, on or off School premises (including parking lots), while under the influence of any unlawful controlled substance. An unlawful controlled substance is any drug that is unlawful under federal, state or local law, including marijuana, as well as any drug that, though available legally, has been obtained illegally. Employees are also prohibited from being under the influence of, or impaired by, alcohol or any other substance (including, but not limited to, any prescription or over-the-counter medication) that impairs the employee’s job performance or poses a hazard to the safety and welfare of the employee, the public, the School, other employees, and our students. School employees shall not unlawfully manufacture, distribute, dispense, possess, sell, purchase, or use a controlled substance anywhere on School premises, or premises utilized by the School. The guidelines above apply to all employees. Any complaints or conflicts should be directed to the Assistant Head of School for Finance & Operations or the Head of School. Employees who violate this policy are subject to disciplinary action, up to and including termination of employment.

Use of Prescribed and Over-the-Counter Drugs An employee’s use of prescription drugs (with the exception of marijuana) while at work is permitted, provided that the drug has been prescribed for employees by a licensed healthcare provider and is used in accordance with the healthcare provider’s instructions and in the prescribed dosage, and provided also that use of the drug does not impair the employee’s ability to perform the employee’s job duties and responsibilities safely and effectively. Employees must report to the Assistant Head of School for Finance & Operations the use of any prescription drug that may affect the employee’s safety or job performance. Employees may be required to provide the School with a copy of the prescription and/or other medical verification. Employees are prohibited from using, or reporting to work impaired by, or under the influence of, any over-the-counter drug that may affect their safety or job performance. If an employee is unable to perform the employee’s job duties safely and effectively while taking a prescribed medication, the employee may be re-assigned, or, if no suitable position is available, may be placed on a leave of absence. The purchase, sale, or transfer of a prescription drug by any employee to or from another employee or any other 27

individual while on the School’s campus or while otherwise engaged in School business is prohibited. Any violation of this policy may result in disciplinary action up to and including termination of employment.

Alcohol in the Workplace Employees shall not report to work or perform work for the School under the influence of alcohol. Employees are also prohibited from consuming alcohol on the School’s campus (including parking lots) or while otherwise engaged in School business unless alcohol is served at a School-sponsored event or function authorized solely by the Head of School. Use of alcohol in a School-owned vehicle or in any motor vehicle while engaged in School business is prohibited, as is the operation of any motor vehicle on School business while under the influence of alcohol. In addition, the unauthorized sale, purchase, transfer or possession of alcohol on the School’s campus (including parking lots), in School vehicles, or while otherwise engaged in School business is prohibited. Employees may consume alcohol in moderation at School-sponsored events or functions where students are not present (other than students who are children of employees) and at which alcohol is served, provided employees behave professionally and in accordance with common standards of acceptable conduct at all times. Any violation of this policy may subject employees to disciplinary action, up to and including termination of employment. This policy is not intended to govern the legal conduct of employees living in School-owned housing.

Smoking In keeping with the School’s intent to provide a safe and healthy work environment, smoking is prohibited at all times on the School’s campus. This policy applies to all employees, students, visitors and vendors. This policy does not apply to the conduct of employees living in School-owned housing.

Notification of Driving Violations and/or Accidents Employees whose job requires them to drive a School vehicle are required to notify the Assistant Head of School for Finance & Operations, within 48 hours, of any driving violations or citations received, and any accidents in which they are involved, regardless of whether the incident occurs during working hours or whether the employee was driving a School vehicle or personal vehicle at the time. In addition, such employees are require to immediately notify the Assistant Head of School for Finance & Operations in the event of any suspension, revocation or cancellation of the employee’s driver’s license.

Medical Examinations All full-time and regular and limited part-time maintenance department employees are required to pass a postconditional offer medical examination as a condition of employment. Employees who are hired to drive a school bus must maintain a current, valid School Bus Driver Certificate, including undergoing any required training and an annual Department of Transportation physical examination. In addition, any employee may be required to provide medical certification or submit to a medical examination in the event that the School determines that there is a question of the employee’s fitness for duty, or the School requires medical guidance in order to make reasonable accommodation of a disability, or the employee seeks leave under the Family and Medical Leave Act as a result of the employee’s own serious health condition. 28

Certification and Licensure If an employee holds a position for which certification or licensure is required, the employee is responsible for meeting all requirements to maintain current licensure or certification. Employees may be required to be certified in First Aid and CPR.

IV. COMPENSATION AND HOURS OF WORK Work Year For most faculty, academic support, and intern employees, the work year begins four to six work days before the opening of school and extends two work days after graduation, unless otherwise specified in individual contracts. For other employees, the work year is July 1 through June 30, unless otherwise specified in individual contracts.

Hours of Work Administrators The hours of work for administrators are determined by their responsibilities and work load. It is expected that administrators generally work from 7:30 a.m. to 4:30 p.m., Monday through Friday, except on Tuesdays when they are expected to be at work until 5 p.m. However, their work schedules cannot be committed to an exact time frame and will likely involve early morning and evening meetings as well as time on weekends. Faculty, Academic Support, and Interns The hours of work for faculty, academic support, and intern employees are governed by their teaching schedules, by the demands of preparation for such schedules, and by whatever extra responsibilities are assigned to them, regardless of what time of day or what days of the week are involved. Therefore, each faculty, academic support, and intern employee will have his or her own individual work schedule, tailored to fulfill the responsibilities assigned to him or her. Such work schedules will vary from week to week and cannot be committed to an exact time frame. In assigning responsibilities, the administration makes every effort to distribute the workload on an equitable basis. Fullâ&#x20AC;&#x2018;time faculty and intern employees are expected to be ready to receive children at 8 a.m. and be at work until 3:30 p.m., Monday through Friday, even when they have no specifically assigned responsibilities, except on Tuesdays when they are expected to be at work until 5 p.m. A faculty member or intern may also have extracurricular assignments and may be expected to attend committee meetings and parent conferences before 8 a.m. or after 3:30 p.m. Staff Generally speaking, staff members directly support teachers and the daily life of the students in all aspects. While their work schedule is not specifically governed by the daily teaching schedule, it is geared to the regular life of the School while it is in session and overlaps it at both ends of the school year in the preparatory and cleanâ&#x20AC;&#x2018;up stages. For staff, normal working hours are 8 a.m. to 4 p.m., with one-half hour for lunch. Full-time staff members are expected to be at work 8 hours each day, Monday through Friday, for twelve months each year, exclusive of their vacations and holidays, unless the employee is working a schedule individually established for him/her by the School.

General Attendance Policy All employees are expected to work their full scheduled workday, unless otherwise authorized by their supervisor or the Head of School. Faculty, Academic Support, and Intern Absences In case of illness or other emergency that will delay or prevent his or her reporting to work, a faculty, academic support, or intern employee must make every effort to communicate with his or her Division Head. In reporting his or her absence, the employee must mention not only classes but other duties as well ‑ recess duty, study halls, activities, athletics, conferences, tutorials, lunch, etc. A faculty member is responsible for providing a clear lesson plan for days when he or she is absent and submitting a Substitute Request online. The Lower Division Head coordinates the substitute coverage schedule and communicates all absences to the Business Office. Please notify the Lower Division Head as soon as possible ‑ preferably the night before as this expedites the arranging of class coverage ‑ but no later than 7:30 a.m. The Lower Division Head will inform the Front Desk before 8 a.m. and complete an employee absence report form. Requests for planned absences (other than an FMLA or other leave) should be submitted at least two weeks in advance to the Division Head or the Head of School. Administrator and Staff Absences An administrator or staff member who will be delayed or prevented from reporting to work because of illness or other emergency should inform his or her immediate supervisor or the Head of School prior to 8 a.m. who will notify the Front Desk and complete an employee absence report form. Requests for planned absences (other than an FMLA or other leave) should be submitted at least two weeks in advance to the supervisor or the Head of School. All Employees Any employee who is absent from work for more than three consecutive workdays without notifying the School is regarded as having resigned without notice, effective as of the beginning of the regular workday on the fourth day of absence, unless the School determines that his or her absence is the result of a genuine emergency and the employee truly was unable to notify the School.

Snow Days and Other Unforeseen Emergencies In the event school cannot be held due to severe weather or other unforeseen emergencies, employees will be notified through a prearranged system. Administrators, faculty, staff (not including maintenance), academic support, and interns are not expected to report to work on a declared snow day. The maintenance staff has the responsibility to clear snow as quickly as possible following a storm. Therefore, at the direction of the Director of Operations as to reporting time, maintenance personnel will report to work on days when snow, ice, or other conditions require their efforts to make the School accessible and operational. The School does not expect any employee to travel or remain at work if they believe they are risking their personal safety.

Payday Exempt Administrators and staff are paid monthly in advance. Exempt Administrators and staff are paid on the first (1st) of the month, unless it falls on a weekend, in which case they are paid on the previous Friday. For the payday normally falling on January 1st, exempt Administrators and staff are paid on January 2nd. Non exempt staff are paid every other Friday. The payroll year begins on July 1 and ends on the following June 30. Faculty and interns are paid monthly in advance. For faculty, the payroll year begins on September 1 and ends on the following August 31. For interns, the payroll year begins on September 1 and ends on the following June 30. Academic support staff members are paid monthly in arrears. Their payroll year begins on October 1 and ends on the following June 30.

Overtime In the case of non-exempt employees, all overtime work, including an early start or late finish, must be authorized in advance by the employee’s immediate supervisor. All non-exempt employees are eligible for overtime pay for all hours actually worked in excess of forty hours in one payroll week. Paid holidays, paid vacation time, and paid sick leave time are counted as time worked in computing eligibility for overtime pay, but no other absences, whether paid or unpaid, are counted. Overtime pay is calculated at one and one-half times the employee’s regular hourly rate of pay. The payroll week is a seven day period beginning at 12:01 a.m. on Monday and ending at midnight the following Sunday. Overtime pay for non-exempt employees is calculated on the basis of the payroll week.

Payroll Deductions The School is required by law to withhold Social Security, Medicare payments, and state and federal income taxes from the employee’s pay. In addition, employees may authorize payroll deductions for certain other purposes, such as group insurance plans. All voluntary deductions must be authorized in writing. The School will issue each January a statement of Deductions and Earnings (Form W-2) for the preceding calendar year. If the employee’s employment with the School terminates prior to January, the employee’s W-2 form will be mailed to the last address on record at the School. Employees should contact the Assistant Business Manager with questions regarding payroll deductions.

Pay Advances Pay advances are considered for emergency or other circumstances which would cause significant hardship. Pay advances up to $500 require the approval of the Assistant Business Manager. Pay advances that exceed $500 must be approved by either the Head of School or the Assistant Head of School for Finance & Operations. All pay advances must be paid back in the next payroll period.

Paycheck Policy The School seeks to ensure that employees are paid promptly and properly on the employee’s scheduled payday. In addition, the School makes a good faith effort to avoid making any improper deductions from the employee’s pay. In the unlikely event there is an error in the amount of the employee’s pay or an impermissible deduction is made from the employee’s pay, employees should promptly report the matter to the attention of the Assistant Business Manager or the Assistant Head of School for Finance & Operations so that appropriate corrections may be made as quickly as possible. In the event of an improper deduction, the School will promptly reimburse employees for the improperly deducted amount. In the event of an over-payment of wages, the School expects employees to cooperate in correcting the over-payment. Accordingly, the School reserves the right to deduct re-payment from the employee’s future wages to the extent permitted by applicable law. In the event that no further wages are due to employees, the School may seek to recover the wage over-payment to the fullest extent permitted by applicable law.

Wage Assignments and Garnishments The School is legally bound to comply with certain government orders requiring the reduction of payroll dollars for garnishments, support orders, IRS restraining notices, and wage assignments.

V. BENEFITS Benefit Eligibility Full-time employees are eligible for full benefits applicable to employees in their job function. Regular parttime employees are eligible for benefits applicable to their job function on a pro-rated basis. Limited part-time, temporary, and casual employees are not eligible for benefits, except that temporary employees hired to provide sabbatical coverage and any temporary employees who work full-time for at least 12 weeks are eligible for the individual health insurance benefit. Separate booklets, available through the Business Office, describe benefits summarized only briefly here. In the event of any inconsistency with the brief summaries below, the actual provisions of each formal plan, policy, or contract govern in determining entitlement to benefits, benefit levels, and all other matters.

Group Medical Insurance Full-time and regular part-time employees scheduled to work at least 20 hours a week and 1000 hours per year are eligible to participate in the School’s group Medical Insurance Plan. Enrollment is permitted on the date of hire, annually during open enrollment in advance of the June 1 Plan Year, and within 30 days of when an employee experiences a change in status such as marriage, the birth of a child, or the unemployment of a spouse. Eligible employees electing not to participate in the School’s health insurance program must show evidence of other medical insurance and sign a form declining this insurance with the School.

Health Reimbursement Arrangement (HRA) The School provides a self-funded health reimbursement arrangement (HRA) to reimburse eligible employees for allowable medical, prescription, and other similar expenses incurred by employees and their spouses and dependents. When employees arrive at a physician’s office or hospital, they should present their insurance card. The employee will not need to pay his or her deductible, but he or she may need to pay a co-pay. The physician’s office or hospital will send a bill to the insurance carrier, who will in turn share the billing information with the HRA provider. As long as the employee has unused Park School deductible funds in his or her account, the HRA provider will pay the bill on behalf of the employee. Once these funds have been used, the employee is responsible for paying the balance of any deductible up to the plan limit.

Health Savings Account (HSA) The School also provides a Health Savings Account (HSA) eligible employees enrolled in the School’s highdeductible health plan. The HSA is not governed by the Employee Retirement Income Security Act of 1974 (ERISA). For example, ERISA requirements such as providing a Summary Plan Description, filing an annual report (Form 5500 Series), or making a summary annual report available do not apply. To the extent that the terms of this section conflict with the terms in the HSA, an employee’s rights will always be determined under the provisions of the HSA and the HSA’s administrative rules. For more information, please contact the Assistant Business Manager.

Flexible Spending Plan The School also provides a Flexible Spending Plan, which allows eligible employees to put aside money before taxes are withheld for dependent care and qualified medical expenses. This plan is sometimes referred to as a Section 125 Plan. Employees are eligible to participate in the School’s Flexible Spending Plan, if they are employed in a full time or regular part time basis. Enrollment is permitted on the date of hire, annually during open enrollment in advance of the October 1 Plan Year, and within 30 days of when the employee experiences a change in status such as marriage, the birth of a child or the unemployment of a spouse.

Dental Insurance Full–time and regular part-time employees scheduled to work at least 20 hours a week and 1000 hours per year are eligible to participate in the School’s group Dental Insurance Plan. Enrollment is permitted on the date of hire, annually during open enrollment in advance of the June 1 Plan Year, and within 30 days of when an employee experiences a change in status such as marriage, the birth of a child, or the unemployment of a spouse.

Continuation of Coverage under Group Health and Dental Plans (COBRA) Continued coverage under the School’s group health and dental plans may be available to employees under applicable state and federal laws following separation from employment from the School and in certain other circumstances. Continuation of coverage may also be available to an employee’s spouse and eligible dependents at the time of separation from employment and in certain other circumstances. Unless otherwise provided by applicable law, the cost of coverage would be paid entirely by the employee, and may be subject to an administrative fee. Employees should contact the Assistant Business Manager for additional information regarding COBRA

Retirement Plan All full-time and regular part-time administrators, faculty, and staff who meet the eligibility requirements must participate in the School’s retirement plan. Academic support and intern employees are not eligible for this plan. An eligible employee will begin participation in the retirement plan on completing two years of service (at least 1000 hours during 12 consecutive months) with the School or with another eligible employer, without a break in service. In any event, employees in eligible employment categories who have fully vested, fully funded benefits under the terms of an institutional retirement plan of a previous employer may begin participation in this retirement plan upon employment at the School.

Group Supplemental Retirement Annuity Plan The School also offers all employees over the age of 21 the opportunity to set aside additional retirement savings through a supplemental plan.

Life Insurance Full‑time and regular part-time administrators, faculty, and staff are enrolled in the School’s Group Term Life Insurance Plan with Accidental Death and Dismemberment (ADD) as of the first day of active employment. Academic Support and Intern employees are not eligible for this benefit. The School pays the full cost of this coverage. Coverage is provided in an amount equal to the eligible employee’s annual base salary, rounded to the next highest thousand dollars, up to a maximum of $125,000. Employees pay imputed taxes on the School-paid premiums for insurance coverage in excess of $50,000. Although enrollment is automatic for eligible employees, each employee needs to complete the beneficiary designation card.

Short-Term Disability Full-time and regular part-time administrators, faculty, and staff are covered from their date of hire by the School’s short-term disability program. The School pays the full cost of benefits provided to eligible employees. Academic support and intern employees are not eligible for this benefit. The School’s self-funded short-term disability program provides benefits to eligible employees who are disabled from working for more than five (5) consecutive work days as a result of an illness or injury that is not workrelated. An employee must be able to provide a doctor’s note to verify the illness or injury and medical necessity of the absence in order to receive benefits under this program. If an employee’s absence is medically necessary as a result of the employee’s illness or injury and continues for more than five (5) consecutive workdays, the employee is eligible to receive 100% of his or her regular pay for the period of the required absence beginning on the sixth day of the absence and up to the date the employee becomes eligible to apply for Long-Term Disability benefits. Short-term disability benefits will not continue in the event Long-Term Disability benefits are denied by the Long-Term Disability insurance carrier. An eligible employee may use any available accumulated paid sick leave benefits in accordance with the School’s paid sick leave policy during the five-day waiting period for short-term disability pay under this policy. Employees applying for short-term disability benefits may be required to complete Family and Medical Leave Act (FMLA) paperwork and may be required to provide periodic verification of continued disability, including a physician’s certificate and/or a medical examination by a doctor chosen by the School.

Long-Term Disability Insurance All full‑time and regular part-time administrators, faculty, and staff are eligible to be enrolled in the School’s Long-Term Disability Insurance plan from the first day of active employment. Academic Support and Intern employees are not eligible for this benefit. The School pays 100% of the premiums for coverage under the Long-Term Disability Insurance plan for each eligible employee. In the event of a non-work related illness or injury, following ninety consecutive days of total disability, the employee will receive 60% of his or her final salary to a monthly maximum of $7,500 per month, less any amounts which may be payable from Social Security. Such payments are conditional upon the furnishing of documentation from the employee’s physician to the insurance carrier indicating that the employee’s health condition precludes him or her from performing his or her duties.

Workers’ Compensation All employees are covered from date of employment, at the School’s expense, by workers’ compensation insurance, as provided under state law. Employees who are injured at work or who experience a job-related illness must immediately contact the Assistant Head of School for Finance & Operations or the Assistant Business Manager. With their supervisor, the employee must complete a report of the injury, Commonwealth of MA Form 101. This report may be filed as a Notice Only report or as a Medical Report depending on the severity of the injury or illness and the need for medical care. The supervisor must also fill out the Investigation Worksheet and deliver it to the Business Office. The employee must complete and sign the Release of Information form. These forms are available in the Business Office. The School purchases workers’ compensation insurance through the Independent School Compensation Corporation, ISCC, a self-insurance group for schools, colleges and cultural institutions. ISCC contracts with Meadowbrook Claim Services to work as the School’s workers’ compensation partner. Meadowbrook has a proactive claims management program designed to work with employees and the School to return injured employees to work as soon as possible. In the case of a workers’ compensation illness or injury resulting in an absence of less than six calendar days, the employee may use any accrued sick leave in accordance with the School’s paid sick leave policy. If the absence is six days or more, the School will supplement wage replacement under workers’ compensation through its sick leave and short-term disability programs, in accordance with the terms of those programs, to a total maximum replacement through workers’ compensation, sick leave, and short-term disability of 100% of the employee’s net pay after taxes. In order to be eligible for this supplement, the employee must promptly respond to all School requests for information. An employee may be required to complete Family and Medical Leave Act (FMLA) paperwork when he or she begins receiving benefits.

Professional Development Eligibility: To encourage all employees to continue their education and professional growth, the School offers the opportunity to apply for professional development funds. Each year, consistent with its resources, the School strives to allocate a sum of money for this purpose. Grants are awarded for such activities as graduate study in one’s field, conferences, workshops, and curriculum development. All full-time and regular part-time employees are eligible from their first day of active service to apply for a grant. Description: To apply, an eligible employee should first discuss his/her plan with the appropriate supervisor. The employee should then complete the Grant Request form and submit it to the supervisor. Requests are then reviewed by the Assistant Head of School for Program and Professional Development and by the Head of School for final approval. In deciding whether to approve a request the following factors are among those considered: •

Relationship of the request to school wide program initiatives or identified department or grade level program needs.

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Applicability of the request to the employee’s present or future job assignment. 37

•

Whether the request is to support involvement in an on-going degree program.

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Grants previously made to a particular applicant.

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Availability of funds.

• Impact on daily instruction and program continuity for students. Grants are intended to support curriculum and professional development. They are not intended to support the responsibilities and tasks associated with on-going teaching. Definition of Terms: Course – A class at an accredited college or university that is taken for credit. The class must be taken as part of a degree program or directly relevant to work at Park. Following approval, Park will pay up to $1,500 upon submission of a statement or bill from the college or university supporting the cost incurred for course tuition. Workshop – A gathering of Park School employees for the purpose of professional development and/or curriculum development. Workshops are usually held on the Park School campus. Conference – A professional development experience sponsored by an organization outside of Park School. Conferences may involve registration fees, transportation, meals and lodging. Facilitator/Presenter - Compensation is available for employees with special certification or training who present to colleagues. The amount of compensation will be determined on a case by case basis. This compensation will not count against the maximum annual stipend a faculty member may earn. Webinar – A professional development experience sponsored by an organization outside of Park and delivered online. Approved grants for such activities as graduate study and conferences may be paid in advance to either the individual or the institution, as the School determines appropriate. Grants for summer curriculum development workshops are paid after the “workshop” has been completed and payment has been approved by the Assistant Head of School for Program and Professional Development. Grants for summer “workshops” are available to administrators (those working less than 12 months a year), faculty, academic support, and interns; are subject to FICA and federal and state income taxes, and are paid on the first of the month following the submission of an accurately completed request form. Grants for “courses” are currently not subject to FICA or federal income tax. If any other grant is determined by the IRS or the Commonwealth to be taxable income to the employee under the applicable tax code, any resulting personal tax liability is the responsibility of the individual. Grants are available for an activity for which the individual receives a grant or scholarship from another source as long as the total of grants from all sources is equal to or less than 100% of the program cost. An employee whose employment terminates prior to completion of the course (or other educational activity for which assistance was provided by the School) is required to reimburse the School for the full amount of that assistance. Other Professional Development and Grant Guidelines: •

Stipend Eligibility – Stipends are available to administrators (those contracted to work less than 12 months), faculty, and academic support for workshops and for conferences that fall on non-school

days. Stipends are not available for travel days. There is a maximum limit of $3,000 per year (the stipend year begins on the day after the last day for faculty) per eligible employee. From time to time, an employee may request stipends for more than the allocated fifteen days. Approval of such requests will be at the discretion of the Assistant Head of School for Program and Professional Development and Head of School. •

Full-Stipend – a day consisting of no less than six hours of work.

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Half-Stipend – a day consisting of no less than three hours of work.

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Employees on sabbatical or other leaves of absence are not eligible for stipends.

•

Interns are not eligible for stipends. Staff who are 12 month employees are not eligible for stipends.

After concluding a workshop or conference, grant recipients must provide a request for payment to the Assistant Head of School for Program and Professional Development.

VI. TIME OFF Eligibility for Leaves Employee eligibility for leaves of absence varies based on the specific eligibility requirements of each leave plan as noted below. Employees are notified about their eligibility for leaves upon hire, upon a change in employment status, and when the School changes its leave offerings. The Business Office will make every effort to be sure employees are aware of the leaves the School offers and will give employees the opportunity to avail themselves of those leaves. However, participation in the School’s leave plans is not automatic. Employees will need to complete certain leave forms in a timely manner to be sure they have coverage they desire. For more information on the leave plans below, please contact the Assistant Head of School for Finance & Operations or the Head of School.

Family and Medical Leave Act (FMLA) As set forth below, the School provides family and medical leave in compliance with the federal FMLA. Eligibility Requirements If the employee has worked for the School for at least twelve (12) months and at least one thousand two hundred and fifty (1,250) hours in the year preceding a requested leave, the employee is eligible for FMLA leave. Reasons for Family/Medical Leave Eligible employees are entitled to take up to twelve (12) work weeks of unpaid family/medical leave within a “rolling” backward twelve (12) month period for any of the following reasons (meaning each time an employee requests leave, the School will look back to see what, if any, FMLA leave the employee has taken in the past 12 months to determine whether the employee has any remaining FMLA time available): •

For incapacity due to pregnancy, prenatal medical care or child birth;

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To care for the employee’s child after birth, or placement for adoption or foster care;

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To care for the employee’s spouse, son, or daughter, or parent, who has a serious health condition; or

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For a serious health condition that makes the employee unable to perform the employee’s job.

Definition of Serious Health Condition A serious health condition includes an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement is met by:

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a period of incapacity of more than three (3) consecutive calendar days combined with at least two (2) visits to a health care provider;

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one (1) visit to a health care provider and a regimen of continuing treatment;

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incapacity due to pregnancy or prenatal care; or

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incapacity due to a chronic condition.

Other conditions may also meet the definition of continuing treatment. Family Military/Injured Service Member Leave In certain circumstances, eligible employees are entitled to take up to twelve (12) work weeks of unpaid family military leave within a “rolling” backward twelve (12) month period when an employee’s spouse, child or parent is on, or called to, active duty (including a foreign deployment requirement) with the U.S. Armed Forces (including the National Guard or Reserves) to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, arranging care for a military member’s parent who is incapable of self care, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings. An employee is required to provide written certification of the family member’s military service. Additionally, in certain circumstances, eligible employees are entitled to take up to twenty-six (26) work weeks of unpaid injured service member leave within a single twelve (12) month period to care for a spouse, child, parent or next of kin (meaning that the employee is the service member’s closest living blood relative) who is: (1) a current service member and suffers a serious injury or illness or aggravation of a preexisting condition in the line of duty for the U.S. Armed Forces (including the National Guard or Reserves), rendering the member medically unfit to perform the duties of the member’s office, grade, rank or rating; or (2) a veteran of the U.S. Armed Forces (including the National Guard or Reserves) who was discharged or released under conditions other than dishonorable at any time during the five (5) year period prior to the first date the eligible employee takes leave and is undergoing medical treatment, recuperation, or therapy for a serious injury or illness suffered in the line of duty, including aggravation of a preexisting condition. Where leave is sought to care for a veteran, the serious injury or illness must also be one of the following: (1) a continuation of a serious injury or illness that was incurred or aggravated when the veteran was a member of the Armed Forces and that rendered the service member unable to perform the duties of the service member’s office, grade, rank or rating; (2) a physical or mental condition for which the covered veteran has received a U.S. Department of Veterans Affairs ServiceRelated Disability Rating (VASRD) of fifty percent (50%) or greater, with such VASRD rating being based, in whole or in part, on the condition precipitating the need for military caregiver leave; (3) a physical or mental condition that substantially impairs, or would do so absent treatment, the covered veteran’s ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service; or (4) an injury, including psychological injury, on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers. Eligible employees are also entitled to take up to fifteen (15) days of unpaid family military leave to bond with a military member on rest or recuperation leave. This leave must correspond to the length of rest or recuperation leave given to the military member. Types of Leave When medically necessary, the employee may take leave for any of the reasons listed above intermittently (that is, in blocks of time or by reducing his or her normal weekly or daily work schedule), rather than continuously, in accordance with the conditions provided for such intermittent leave under the FMLA. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the School’s operations. Leave due to qualifying exigencies, and leave for bonding with a military member on rest or recuperation leave, may also be taken on an intermittent basis. When leave is taken after the birth 41

of a healthy child or placement of a healthy child for adoption or foster care, an employee may take leave intermittently or on a reduced leave schedule only if the School agrees to such an arrangement. Notice of Leave If the need for family/medical leave is foreseeable, thirty (30) days’ prior notice must be given. Failure to provide such notice may be grounds for delay of leave (until thirty (30) days’ notice has been given). If the need for leave is due to a planned medical treatment, every attempt should be made to schedule the treatment so as not to unduly disrupt the work of the department. If the need for family/medical leave is not foreseeable, request must be submitted as soon as practicable, no later than two (2) business days after the need for leave arises. Employees must provide sufficient information for the School to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the School if the requested leave is for a reason for which FMLA was previously taken or certified. Medical Certification for a Serious Health Condition If a leave is requested due to the employee’s own serious health condition or to care for a family member with a serious health condition, the employee is required to provide medical certification from an appropriate health care provider. The medical certification must include the date on which the condition began and the probable duration of the condition. Failure to provide a satisfactory certification may result in a denial of leave. The School also may require a second opinion or third opinion as to a serious health condition, at the School’s expense. The School’s Responsibilities The School will inform an employee requesting leave whether the employee is eligible for FMLA leave. The notice will specify any additional information required, as well as the employee’s rights and responsibilities. If the employee is not eligible for FMLA leave, the School will provide a reason for the ineligibility. The School will inform an employee if leave will be designated as FMLA leave and the amount of leave counted against the employee’s leave entitlement. If the School determines that the leave does not qualify as FMLA leave, the School will notify the employee. Returning to Work If leave is taken due to the employee’s own medical condition, the employee is required to provide medical certification that he/she is able to resume work, before returning. A Return to Work Medical Certification form must be completed by the employee and the health care provider. Employees failing to provide medical certification will not be permitted to resume work until such notice is provided. Upon returning from FMLA leave that has not exceeded twelve (12) weeks, or twenty-six (26) weeks in the case of injured service member leave or injured service member leave combined with leave for any other purpose under the FMLA, the employee will be returned to the same position that he or she left when the leave began or to an equivalent position with equivalent pay, benefits and other terms and conditions of employment, in accordance with the conditions provided for such reinstatement under the FMLA. The employee will be reinstated without loss of employment rights or benefits that he or she had earned or accrued prior to the beginning of the leave, except to the extent such benefits were used or paid during the leave. 42

If the employee decides not to return to the School from an FMLA leave, the employee is requested to inform the School of that decision as soon as possible. The School may then end the leave and employment will terminate. If the employee fails to return to work at the end of an approved leave and to notify the School of his or her status, the School may discharge the employee. Special Rules Applicable To Instructional Employees of Schools The School may, if relevant, apply the Special Rules Applicable to Instructional Employees of Schools, 29 C.F.R. § 825.600 et seq., to FMLA leaves taken by instructional employees. The Special Rules Applicable to Instructional Employees of Schools provide that if the instructional employee begins family or medical leave more than five (5) weeks before the end of the academic term, the School may require the instructional employee to continue to take leave until the end of the term if: a. the leave is at least three (3) weeks in duration; and b. the return to employment would occur during the three (3) week period before the end of the academic term. If the instructional employee begins leave during the period that commences from more than three (3) weeks and up to and including five (5) weeks before the end of the academic term, the School may require the instructional employee to continue to take leave until the end of the term if: a. the leave is greater than two (2) weeks in duration; and b. the return to employment would occur during the two (2) week period before the end of the academic term. If the instructional employee begins leave under this policy during the period that commences three (3) weeks or fewer before the end of the academic term and the duration of the leave is greater than five (5) working days, the School may require the employee to continue to take leave until the end of the term. Substitution of Paid Time To the extent applicable, an employee may choose to use his or her accrued vacation time in order to receive pay during any unpaid portion of FMLA leave. In order to use such paid time off for FMLA leave, employees must comply with the School’s normal paid leave policies. An employee cannot substitute paid time off to cover the same period the employee is receiving paid benefits from another source such as Short Term Disability or Workers’ Compensation. Paid Child Care Leave An employee eligible for leave under the FMLA to care for the employee’s child after birth, or placement for adoption or foster care, is also eligible for two (2) weeks of paid child care leave to run concurrently with his or her FMLA leave. In other words, paid child care leave does not create or extend the FMLA leave period, but simply provides compensation during a two-week period of such leave. FMLA Child Care Leave: As set forth above, eligible employees requesting leave to care for their newborn child or for a child the employee has adopted or fostered are eligible for up to 12 weeks of unpaid FMLA leave (“FMLA Child Care Leave”). Pay available to FMLA eligible employees during such leaves is as follows:

•

Non-faculty female employees will be paid Short Term Disability benefits to the extent a physician documented disability (Sick Leave will cover the 5-day waiting period) requires her absence from work. At the end of the disability period (or in the event there is none), non-faculty female employees may use their two weeks of Paid Child Care Leave followed by any accrued Vacation to stay in paid status during any remaining portion of FMLA Child Care Leave. Any portion of the leave not covered by the foregoing will be unpaid.

•

Female faculty members will be paid Short Term Disability benefits to the extent a physician documented disability (Sick Leave will cover the 5-day waiting period) requires her absence from work during the academic year. At the end of the disability period (or in the event there is none), female faculty members may use their two weeks of Paid Child Care Leave to stay in paid status during any unpaid portion of remaining FMLA Child Care Leave. Any portion of the leave not covered by the foregoing will be unpaid.

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Non-faculty male employees may use their two-week Paid Child Care Leave followed by any accrued Vacation to stay in paid status during any unpaid portion of FMLA Child Care Leave. Any portion of the leave not covered by the foregoing will be unpaid.

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Male faculty members may use their two-week Paid Child Care Leave to stay in paid status during any unpaid portion of FMLA Child Care Leave. Any portion of the leave not covered by the foregoing will be unpaid.

FMLA Medical, Family Medical and/or Military Service Leaves: Employees who are eligible for FMLA in connection with their own serious health condition will be paid Short Term Disability benefits (Sick Leave will cover the 5-day waiting period) to the extent a physician documented disability requires an absence from work. Non-faculty employees may use accrued Vacation to stay in paid status while on a FMLA family medical or military service leave. For faculty, FMLA family medical and military service leaves are generally unpaid. Benefits and FMLA Leaves During an FMLA Leave, the School will continue the employee’s participation in its medical and dental insurance plans and will continue to make its usual contributions to the premium costs of the plans, provided that the employee pays his or her share of the cost. The employee may continue participation in, or contributions to, other School benefit plans, to the extent provided under the terms of the applicable plans. If the employee fails to return to work at the conclusion of an FMLA leave, he or she may be required to reimburse the School for any insurance payments made on his or her behalf during any unpaid portion of an FMLA leave. Sick Leave, Vacation Time, and Holidays will not accrue during an FMLA leave. Holidays will count against the employee’s FMLA leave time if the employee is on FMLA leave for the entire workweek in which the holiday occurs. Key Employees Certain key employees may not be eligible to be returned to the same or a similar position upon returning from FMLA leave, if such denial is necessary to prevent substantial and grievous economic injury to the School. A key employee is a salaried employee who is among the highest paid ten percent (10%) of the employees employed by the School. Additional Leave Employees may be eligible for additional leave pursuant to the School’s Military Leave of Absence Policy.

Misrepresentation of Reasons for FMLA Leave An employee who intentionally misrepresents the reasons he/she is requesting leave shall be subject to termination. Unlawful Acts by Employers The FMLA makes it unlawful for an employer to interfere with, restrain, or deny the exercise of any right provided under the FMLA; or to discharge or discriminate against any person for opposing any practice made unlawful by the FMLA or for involvement in any proceeding under or relating to the FMLA. Enforcement of the FMLA An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer for claimed violations of the FMLA. The FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights.

Massachusetts Maternity Leave Act (MMLA) The MMLA permits female employees who have worked full-time for the School for 6 months or longer to be eligible to take 8 weeks of leave per child for the purpose of giving birth, including the period before and after childbirth, or caring for a newborn or newly adopted child. The School will comply with all requirements concerning the MMLA, and, as with FMLA Leave, the School has established its own policies within the boundaries allowed by state law. Requests for MMLA Leaves An employee is expected to give at least two weeks’ written notice of the commencement of leave, except where such notice is not possible because of unexpected disability. Before beginning the leave, the employee is asked to provide notice in writing of their intention to return to work and an anticipated date of return. Length of MMLA Leaves Leaves are limited to 8 weeks per child. Pay during MMLA Leaves The MMLA provides for an unpaid leave. Employees using MMLA leave may, but are not required to, stay in paid status for as long as their accrued Vacation Time, if any, allows. Any portion of the leave not covered by the foregoing will be unpaid. Employees who use some or all of their accrued time to remain in paid status for a leave under the MMLA must comply with the School’s normal paid leave policies. The employee’s use of accrued time does not extend the length of the leave; it only allows the employee to receive pay during periods of MMLA leave which might otherwise be without pay. Benefits during MMLA Leaves The employee may elect to continue participation in the School’s medical and dental insurance plans. If the employee fails to make premium payments on a timely basis, the coverage may be terminated. Sick Leave, Vacation Time, and holidays will not accrue during the leave.

Reinstatement Following MMLA Leaves An employee taking MMLA leave will generally be reinstated to the same or comparable position at the completion of the leave, in accordance with the requirements of the law. If an employee decides not to return to the School at the end of his or her MMLA leave, the employee is requested to inform the School of that decision as soon as possible. The School may then end the leave and employment will terminate. The School may discharge an employee who fails to return to work at the end of an approved MMLA leave. FMLA and MMLA Leaves Leaves granted under MMLA are considered to run concurrently with qualified FMLA leaves in accordance with the FMLA.

Small Necessities Leave Act (SNLA) Under Massachusetts state law, eligible employees are entitled to 24 hours of unpaid leave annually for any of the following purposes: •

to participate in school activities for the employee’s child such as parent-teacher conferences or interviewing for a child’s new School,

•

to accompany the employee’s child to routine medical or dental appointments, or

•

to accompany an elderly relative to routine dental or medical appointments or to appointments for other professional services related to the elder’s care, such as interviewing at nursing or group homes.

Employees may use their available Vacation Time or Paid Urgent Personal Leave for the above purposes. Such requests should be made well in advance of the requested absence.

Holidays Eligibility for Holiday Pay In order to be eligible for holiday pay, an employee must be a full-time or regular part-time employee on the School’s active payroll. Employees on an unpaid leave of absence are not eligible to receive holiday pay for holidays falling during their leave. In addition, in order for a regular part-time employee to be eligible for holiday pay, the holiday must fall on a day on which the employee is regularly scheduled to work. Holidays Observed The School observes the following holidays each year: New Year’s Day Labor Day Martin Luther King Day Columbus Day Presidents’ Day Veterans’ Day (when it falls on a week day) Patriots’ Day Thanksgiving Day Memorial Day Friday after Thanksgiving Independence Day Christmas Day 46

Vacation Time Faculty, Academic Support and Interns With respect to faculty, academic support, and intern employees, the School observes the following vacation periods during the calendar year: •

Approximately 10 work weeks between academic years;

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Approximately 2 work weeks at winter break; and

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Approximately 2 work weeks at spring recess.

Administrators and Staff Full-time and regular part-time (12 month) administrators and staff are eligible to earn Vacation Time. Amount of Vacation Time In addition to approximately one week at the winter and spring breaks, each full‑time administrator and staff member who is employed on a 12-month basis earns 20 working days of Vacation Time. Employees earn their vacation time monthly; i.e., at a rate of 1.67 days/month. Regular part-time administrators and staff earn Vacation Time on a pro-rated basis. For example, a regular part-time employee working three days per week earns vacation time at the rate of 3/5 of 20 days (i.e. 12 days) per year. (Only those days that an employee is scheduled to work are counted against his or her vacation accrual. For example, an employee scheduled to work Mondays, Wednesdays, and Fridays who takes a one week vacation would be charged for three days of Vacation Time). These employees also earn vacation time on a monthly basis. Maximum Accumulation of Vacation Time Vacation Time may not be accumulated in excess of the employee’s annual accrual (i.e., 20 days in the case of a full-time employee). An employee who accumulates the maximum amount of Vacation Time permitted will cease to earn Vacation Time until use of vacation causes the employee’s accumulated Vacation Time to drop below the maximum. Use of Vacation Time Normally, an employee is expected to work a year before taking any summer Vacation Time. However, at the discretion of the Head of School, exceptions may be made. An employee planning to take a vacation day must complete a Vacation Request Form and turn it in to his or her supervisor. Employees are asked to submit their requests at least four weeks in advance. With the exception of maintenance and operations personnel, administrators and staff are encouraged to utilize available Vacation Time during regularly scheduled school breaks. Vacation Time must be used. An employee may not receive pay in lieu of vacation time off during employment.

Paid Sick Leave Purpose of Paid Sick Leave Paid sick leave is a benefit the School provides to full-time, regular part-time, and limited part-time employees when they are unable to work because of a personal illness or injury that is not-job related or, in the event of a work-related illness or injury, to supplement workers compensation benefits up to 100% of an employee’s base pay. Amount of Paid Sick Leave Full-time employees earn paid sick leave at the rate of one sick day for each month of active employment, to a maximum of 12 paid sick days per year. Regular part-time employees earn paid sick leave annually on a prorated basis, in accordance with the number of hours they are regularly scheduled to work each week. Partial day absences will be charged in half and full day increments. Unused sick leave may be carried forward from year to year to a maximum accumulation of 30 paid sick days. Eligibility Requirements for Use of Paid Sick Leave To be eligible to use paid sick leave, an employee must have reported illness to his or her supervisor in accordance with the Attendance Policy. Paid sick leave is primarily to be used for one’s own illness or injury. The School will require medical verification of absence and fitness to return to work when an employee has been absent for three or more consecutive working days or for repeated periods of lesser duration. Up to five (5) days of paid sick leave may also be used when an eligible employee is needed to care for an immediate family member (spouse, child, or parent) with a serious health need. An employee does not receive pay for unused sick leave at the time employment ends or at any time during employment. Employees who are absent from work may be eligible for leave under the School’s Family and Medical Leave Act (FMLA) policy. The employee may be required to submit appropriate certification in support of an FMLA Leave. For example, an employee may be required to submit medical certification pertaining to a specific family member if the employee is seeking FMLA leave for the family member’s serious health condition.

Calculation of Holiday, Vacation and Sick Leave Pay For a full-time employee, a day of holiday, vacation or sick pay is equal to the employee’s normal straight-time pay for that day. A day of vacation pay for a regular part-time employee is equal to his or her straight-time pay for the number of hours that the employee is normally scheduled to work that day. Holiday, vacation, and sick leave pay does not include overtime or any special forms of compensation such as incentives or bonuses.

Paid Urgent Personal Leave Eligibility Full-time and regular part-time administrators, faculty, and staff are eligible for this benefit from their first day of employment. 48

Benefits Park School recognizes that from time to time obligations not provided for by other forms of paid leave of absence may require an administrator, faculty, or staff member to be away from school. The School offers one day per academic year of paid leave for urgent personal business. Employees are expected to indicate the need for urgent personal leave to the appropriate supervisor. Whenever possible, notice should be given in advance, so that adequate coverage can be arranged. Please note that paid leave for urgent personal business that extends a holiday weekend/school vacation must be requested in person or in writing to the Head of School. Requests for urgent personal leave may be denied for a variety of reasons, including because the requested day conflicts with a School event or because other employees are scheduled for time off that same day.

Bereavement Leave Eligible administrators, faculty, and staff may utilize up to five days with pay per academic year for bereavement in the event of the death of an immediate family member (spouse, child, parent). Additional paid bereavement leave can be granted at the discretion of the Head of School.

Jury Duty An employee who is called for jury duty should notify their supervisor as soon as possible of the dates of required attendance and may be asked to provide the supervisor with a copy of the jury duty notice. During the period of an employeeâ&#x20AC;&#x2122;s jury service, the School will continue to pay the employee his or her regular salary, less any stipend he or she receives for his or her jury service. Please contact the Assistant Business Manager for details. Employees are expected to report to work on any day on which the employeeâ&#x20AC;&#x2122;s attendance as a juror is not required.

Military Leave of Absence The School complies with the Uniformed Services Employment and Reemployment Rights Act (USERRA) (as revised) and applicable state laws which protect job rights and benefits for veterans and members of the reserves. For more information on USERRA rights, please see the Business Office.

Unpaid Personal Leave Request for Personal Leave A full-time or regular part-time employee who has completed at least one year of service may be granted an unpaid personal leave of absence of up to one year (including extensions) for urgent personal reasons for which the employee is not eligible for FMLA Leave. (This section shall not apply to leaves of absence requested as reasonable accommodations under the Americans with Disabilities Act. The School will consider any such requests in accordance with applicable law.) The employee must request the leave in writing at least 30 days in advance, stating the reason for the request. Documentation satisfactory to the School may be required before the leave request is considered. All unpaid personal leaves of absence, and extensions, are granted at the discretion of the School. The 49

employee’s length of service, attendance record and work performance, the likelihood of the employee’s continued employment with the School, and the reason for the request, as well as the needs of the employee’s department and of the School, will be considered in deciding whether a leave or extension will be granted. If the leave is granted, a date of return will be agreed upon in advance and confirmed to the employee in writing. Extensions If an employee is unable to return to work at the expiration of an unpaid personal leave, the employee may submit a written request for an extension of the leave. The maximum amount of leave that may be requested, including both the original leave and any extensions, is one year. The request for an extension must be submitted in writing to the Head of School at least one month prior to the expiration of the leave, except in emergency circumstances, as determined by the School. The Head of School may require documentation of the need for the extension prior to considering the request. Reinstatement or Termination of Employment Following Personal Leave An employee on an unpaid personal leave must apply for reinstatement at least one month prior to the expiration of the leave (and any approved extensions). The request must be made in writing to the Head of School. Upon timely request, the School will attempt to reinstate the employee to his/her original position or to one comparable to it; however, reinstatement is not guaranteed. If the employee is reinstated at the end of a personal leave, the employee will be reinstated without a break in service and will retain service credit earned and all benefits earned prior to the commencement of the leave (except to the extent benefits have been used and paid during the leave). If an employee fails to apply for reinstatement or return to work at the expiration of the leave (and any extensions granted by the School), he or she will be regarded as having resigned employment. Status of Benefits During Unpaid Personal Leaves No benefits are earned or paid during an unpaid personal leave, except that an employee may choose to use earned vacation time during the leave, payable at the usual pay periods. An employee is not eligible to continue participation in, or receive benefits under, the School’s sick leave or short-term disability plans during an unpaid personal leave of absence. An employee may continue his or her participation and that of the employee’s eligible dependents in the School’s group health plan by paying the full cost of coverage from month to month in advance. An employee may continue participation in other group insurance plans only to the extent permitted by the School’s insurance carriers and applicable plan terms and only if the employee pays the full cost of participation from month to month in advance. Time spent on personal leave of absence is not credited as service for purposes of annual pay increases or other benefits.

Sabbatical Leave It is the School’s practice that a full-time or regular part-time administrator or faculty member may, with ten years of full-time service or the equivalent, be eligible for a sabbatical leave of a full year at half pay or a half year at full pay. An eligible administrator or faculty member interested in sabbatical leave should make his/her request for sabbatical leave to the Head of School eighteen months in advance, indicating his/her projected dates of leave. Decisions as to whether a requested sabbatical leave will be granted are based on such factors as years of service (after a minimum of ten years) and performance. Approval of requested sabbatical leave is also dependent on the School’s resources and therefore any approval is conditional until the School’s budget is finalized (usually in mid-January) and the funds for the leave have been included in the approved budget. Consistent with its resources, the School strives to make approximately two or three sabbatical leaves available each year. If more eligible employees request sabbaticals than there are available funds, the Head of School will decide which application(s) will be approved. Those who are otherwise eligible, but whose applications are not approved due to funding limitations, are placed on a waiting list and, provided that they remain otherwise eligible, are generally granted leave in order of greatest length of service, provided that there are no over-riding factors (e.g., a later applicant with greater length of service or an applicant with remarkable performance or an emergency situation). Because the ultimate goal of the program is to benefit the School, the decision of the Head of School to grant such sabbaticals is reached after consideration of the School’s capacity to pay for the leave and the effects of the requested leave upon individual departments and divisions. Further, participation in the sabbatical leave program is awarded by the School with the understanding and upon the condition that the employee to whom it is awarded execute a Contract for Sabbatical Leave Program, in which the employee agrees that, at the beginning of the academic year immediately following the sabbatical leave, he or she will resume his/her position, duties and responsibilities at the School on the same basis (i.e., full or regular part-time) as employed prior to the leave and that he or she will continue to perform those duties and responsibilities throughout that academic year. The Head of School will endeavor to discuss the possibility of any required changes to the employee’s position, duties, and responsibilities prior to the employee’s commencement of the sabbatical. Should the employee fail to return to his/her position at the School on a full or regular part-time basis, as applicable, or to complete the academic year immediately following his/her sabbatical leave (other than by reason of death, disability, failure of the School to offer contract renewal or involuntary termination during the school year as a result of a reduction-in-force), the employee must repay to the School all salary paid to him/ her by the School during the sabbatical year. Such repayment must be completed within ninety (90) days of the date of termination of employment. Computation of Faculty Sabbatical Grant: Administrators and faculty who have completed the equivalent of 10 years of employment carrying a full load of teaching and/or administrative responsibilities in each of those 10 years and whose request for sabbatical leave receives final approval, will be awarded either a one-half year leave at full pay or a one-year leave at half pay, based on the employee’s then-current base salary.

Example: An employee who had been employed by the School for thirteen years and who carried a one-half teaching load for six of those years and a full teaching load for the remaining seven years would have worked the equivalent of 10 years full time and be eligible to apply for sabbatical leave. If the employee’s annual salary for a full-teaching load were $40,000 and the employee were granted a one-half year leave, the employee would be paid $20,000 for the leave and would earn $20,000 for teaching at the School for the remainder of the year, for total income from the School of $40,000. If, on the other hand, the employee were granted a full-year leave, the employee’s total income from the School for the year would be $20,000. Computation of Staff Sabbatical Grant: Staff who have completed the equivalent of 10 years of full-time employment and whose request for sabbatical leave receives final approval will be awarded four weeks’ leave at full pay, based on the staff member’s thencurrent base salary. Status of Benefits during a Sabbatical Leave: Participation in group insurance plans and the School’s Retirement Plan will continue during a sabbatical leave, to the extent permitted by the terms of the applicable plans and the School’s insurance carriers. Generally, benefits (and School contributions to benefit plans) determined on the basis of salary will be calculated on the basis of the employee’s salary for the year prior to the sabbatical leave. An employee is not eligible to earn vacation or other paid time off, and is not eligible for benefits under the School’s short-term disability program, during a sabbatical leave.

Voting Time Voting hours generally now extend well beyond the normal work day. Therefore, the need for employees to take time off to vote should be minimal. Nonetheless, employees may be eligible for time off to vote in accordance with applicable law.

Religious Leave Employees may take time off for religious observance with approval of their supervisor, provided that doing so would not impose an undue hardship on the School. Employees should make requests for religious leave at least ten (10) working days in advance.

VII. PERFORMANCE IMPROVEMENT The primary purpose of any disciplinary action is to correct the problem, prevent recurrences and prepare the employee for satisfactory performance and conduct in the future. By using various types of disciplinary action as set forth in this Performance Improvement Policy, the School hopes that most employee problems can be corrected at an early stage, benefiting both the employee and the School. It is essential that the employee accept personal responsibility for maintaining high standards of conduct and job performance, including the observance of the School’s rules and policies. In dealing with deficiencies in conduct and work performance, the School strives to be fair and consistent in the School’s treatment of employees. Many factors are taken into consideration if it becomes necessary to take disciplinary action, including the nature and seriousness of the offense, the employee’s past record, the total impact on the School, and any mitigating or aggravating circumstances. In general, disciplinary action may include any or all of the following measures: •

Verbal warning(s)

•

Written warning(s)

•

Suspension without pay

•

Termination of employment

The nature of the offense and the particular circumstances determine whether or not any or all of these measures are implemented. The purpose of disciplinary measures short of termination of employment is corrective, to encourage the employee to improve his or her conduct or performance so that the employee may continue his or her employment with the School. However, this policy does not create or constitute any contractual rights, promises, or binding obligations of any kind with respect to the terms and conditions of employment. These disciplinary measures will not apply in the event of an offense that warrants immediate termination of employment, or in other circumstances when the School determines, in the School’s sole discretion, that intermediate measures would be inappropriate.

VIII.

TERMINATION OF EMPLOYMENT

By the School with Cause Employees under contract may be terminated immediately for Cause in accordance with their employment agreement and defined as follows: •

the employee has engaged in any conduct that could impair his or her ability to perform his or her duties or which may have an adverse impact on the School or reflect adversely on the School’s reputation, such as engaging in acts of personal dishonesty, misconduct, child pornography, child abuse, sexual relations with a student, immoral conduct, or assault or conviction of a criminal offense, whether or not workrelated; or

•

the employee hasengaged in gross negligence in the performance of his or her duties (including, but not limited to, embezzlement, fraud, disclosure of confidential information, violation of School policy or insubordination).

If employment is terminated for Cause, no further compensation is due or payable except, proportionately, that which was earned but not paid as of the date of termination and accrued but unused vacation.

Involuntary Termination of At-Will Employment An involuntary termination is any termination of at-will employment initiated by the School. An involuntary termination may occur as a result of an employee’s unsatisfactory job performance or misconduct, or it may result from other reasons or circumstances, such as a reduction in force, personnel problem, or any other situation in which the School determines that termination of employment is appropriate.

Final Pay In the event of involuntary termination of employment, final pay will be provided to employees in accordance with applicable law. Final pay will include payment for hours worked since the employee’s last payday. Final pay will be reduced by (i) required legal deductions, such as Social Security payments and state and federal income taxes; (ii) authorized deductions, such as those for coverage under the group health insurance plan; (iii) any overpayment of wages due and reimbursable to the School as a result of advance pay (such as through payment of payroll in advance), and (iv) any other amounts authorized by employees or permitted by applicable law. The School will also pay employees for any vacation time that is earned but unused at the time of termination, less any legally required and voluntarily authorized deductions.

Return of School Property

Employees are responsible for all School property, materials and written and electronic information issued to employees or in the employee’s possession or control. Employees must return all School property in satisfactory condition immediately upon request or upon voluntary or involuntary termination of employment. Employees may be permitted to buy back School-issued devices (e.g., iPhone, iPad, Blackberry, laptop, tablet, and personal data assistant) at a price determined at the time of the employee’s termination of employment. With written authorization, the School may deduct the cost of the School-issued device from the employee’s final pay. Employees may not retain copies of such property, materials or written or electronic information, including any backed up data, stored files, or emails on any personal or School-issued electronic device. As permitted by law, the School may withhold from the employee’s current or final paycheck the cost of any items that are not returned upon the termination of employment.