ANTI-HARASSMENT POLICY AND COMPLAINT PROCEDURE

ECCO is committed to a work environment in which all individuals are treated with respect and dignity. We believe that every individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits unlawful discriminatory practices, including harassment.

Definitions of Harassment: Sexual harassment is illegal under federal, state and local laws. For the purposes of this policy, sexual harassment is defined in the Equal Employment Opportunity Commission Guidelines, as “unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when, for example a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; b) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or c) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.”

Harassment on the basis of any other protected characteristic is also strictly prohibited. Harassment is verbal, written or physical conduct that denigrates or shows hostility or aversion toward an individual because of his/her race, color, religion, gender, sexual orientation, national origin, age, disability, marital status, citizenship, genetic information or any other characteristic protected by law or that of his/her relatives, friends or employees, and that a) has the purpose or effect of creating an intimidating, hostile or offensive work environment; b) has the purpose or effect of unreasonably interfering with an individual's work performance; or c) otherwise adversely affects an individual's employment opportunities.

Harassing conduct includes epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes; and written or graphic material that denigrates or shows hostility or aversion toward an individual or group and that is placed on walls or elsewhere on the employer's premises or circulated in the workplace, on company time or using company equipment via e-mail, phone (including voice messages), text messages, tweets, blogs, social networking sites or other means.

These policies apply to all applicants and employees, whether related to conduct engaged in by fellow employees or someone not directly connected to ECCO (e.g., an outside vendor, consultant, or customer).

Conduct prohibited by these policies is unacceptable in the workplace and in any workrelated setting outside the workplace, such as during business trips, business meetings and business-related social events.

Complaint Process. Any employee who feels that he or she has been unlawfully discriminated against or harassed based upon his or her race, age, color, religion, sex, pregnancy, marital status, national origin, disability or handicap, veteran’s status, genetic information, or any other characteristic protected by law should immediately report the matter to the Human Resources Department. Every complaint of discrimination or harassment that is reported in accordance with this policy will be documented and investigated thoroughly, promptly, and impartially.

Retaliation. ECCO will not tolerate retaliation, coercion, intimidation, interference, discrimination, or harassment of or against any employee for making a complaint of discrimination or harassment, for providing information related to such a complaint, or for assisting with such an investigation. An employee who believes they have been retaliated against as a result of making a complaint or otherwise assisting with an investigation should report this immediately to the Human Resources Department. The registering of a complaint will in no way be used against the employee, nor will it ever have an adverse impact on the individual’s employment status.

AMERICANS WITH DISABILITIES ACT (ADA) ACCOMMODATION

At ECCO we recognize and value each individual’s ability to contribute to our workplace. It is our responsibility to comply with all federal and state laws concerning the employment of persons with disabilities. We will not discriminate against qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training or other terms, conditions, and privileges of employment.

Requesting an ADA Accommodation. If an individual would like to request an accommodation under this policy, they must submit a written request for the accommodation to his or her immediate supervisor. The request should include the reason for the need for accommodation and possible suggestions for accommodation. The supervisor will work with the Human Resources Department to guide the employee through the process and ensure an appropriate, case by case, reasonable accommodation determination is made for all legitimate requests. The process will include a discussion about an applicant's or employee's disability. The nature of the disability and any limitations that may affect his or her ability to perform the essential job duties.

Religious Accommodation. ECCO respects the religious beliefs and practices of all employees and will make, on request, an accommodation for such observances when a reasonable accommodation is available that does not create an undue hardship on the company’s business.

Requesting a Religious Accommodation. An employee whose religious beliefs or practices conflict with his or her job, work schedule, or with ECCO’s policy or practice on dress and appearance, or with other aspects of employment, and who seeks a religious accommodation must submit a written request for the accommodation to his or her immediate supervisor. The written request will include the type of religious conflict that exists and the employee’s suggested accommodation.

Employment Guidelines

Employee Classification. ECCO employees are designated as either exempt from over-time or nonexempt in accordance with state and federal wage and hour laws. These classifications do not guarantee employment for any specified period of time. The right to terminate the employment-at-will relationship at any time is retained by both the employee and ECCO

Non-exempt hourly employees are expected to confine their work to the normal workday and workweek unless overtime is authorized in advance. Non-exempt employees will be paid overtime for all authorized hours worked in excess of forty (40) hours per week or per applicable state law requirements

Leaves of absence, time off arising from a worker’s compensation claim, vacation time, sick time, non-working holiday time, and the like will not be counted as hours worked for computing overtime for any workweek.

Professional Conduct And Employee Counseling

Every employee has the duty and the responsibility to be aware of and abide by existing rules and policies. Employees also have the responsibility to perform their duties to the best of their ability and to the standards as set forth in the applicable job description, or as otherwise established.

At ECCO we put our resources and our reputation behind hiring, training, and retaining the best employees. We believe in providing feedback and appropriate coaching when needed in order to redirect and improve behavior. We believe a key leadership accountability is to timely and effectively address any issues through a progressive process, whenever possible. Our practice is to provide corrective action to improve and prevent any recurrence of behavior that is contrary to company policy or our business interests and to ensure successful performance over the long term fairly and effectively.

ECCO will fully and impartially investigate each individual situation and address each issue on a case-by-case basis, based on the facts of each situation and the nature of the offense. Some of the factors that may be considered are whether the offense is repeated despite coaching, counseling and/or training; the employee's work record; and the impact the conduct and performance issues have on our organization.

Responsible Use of Alcohol: We recognize that from time-to-time ECCO employees may have an opportunity to entertain clients or otherwise participate in social events where alcoholic beverages may be served. In such situations, ECCO employees are expected to remember that they are representatives of our brand and must act responsibly and professionally. Behavior resulting from intoxication or excessive drinking is inappropriate and will be grounds for disciplinary action. ECCO strictly forbids employees from drinking alcoholic beverages and operating a motor vehicle at any company sponsored or other professional event, under any circumstances.

Return of Company Property. Employees who separate from ECCO must return all company property at the time of separation, including company issued equipment (i.e.., fob, laptops, software, etc.), printed materials, customer contact lists, vehicle, etc. Failure to return any such items may result in deductions from any final pay, as allowed by law.

Workplace Safety

Drug-Free Workplace. ECCO has a commitment to provide a safe and productive work environment. Illegal drug use poses a threat to the health and safety of our employees and to the security of our equipment and work environment. As such, ECCO has established a drug-free workplace policy. On a daily basis, employees are required to report to work free of any adverse effects of illegal drugs or alcohol. This policy does not prohibit employees from the lawful use and possession of prescribed medications or substances permitted by local law.

All employees are given a one-time notice as of the date of this manual that it is a violation of company policy for any employee to report to work under the influence of illegal drugs, and/or to possess in his or her body illegal drugs in any detectable amount. Whenever employees are working, are present on company premises, operating a company vehicle or vehicle leased by the company, or are conducting work off-site, they are prohibited from:

Using, possessing, buying, selling, manufacturing, or dispensing any illegal drug (to include possession of drug paraphernalia).

Being under the influence an illegal drug.

ECCO will not allow any associate to perform their duties while taking prescribed drugs if the drugs adversely affect the employee’s ability to perform their job duties safely and effectively.

While the company understands that employees under a physician’s care may be required to use prescription drugs, abuse of prescribed medications will be dealt with in the same manner as the use of illegal substances.

Reasonable-suspicion drug testing. ECCO requires an employee to submit to reasonable-suspicion drug testing. Reasonable-suspicion drug testing is drug testing based on a belief that an employee is using or has used drugs/alcohol in violation of the drug-free workplace policy. Reasonable suspicion may be drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon:

Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug.

Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance.

A report of drug use, provided by a reliable and credible source.

Information that an employee has caused, contributed to, or been involved in an accident while at work.

Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on ECCO premises or while operating ECCO’s vehicle, machinery, or equipment.

ECCO may take the following actions against an employee on the basis of a positive, confirmed drug/alcohol test result.

Positive Test - Denial of applicable workers’ compensation benefits. Upon a positive confirmed drug/alcohol test result, ECCO may deny an employee workers’ compensation medical or indemnity benefits to the extent allowed under applicable state law Upon a positive confirmed drug/alcohol test result, ECCO may terminate the employee’s employment.

Refusal of Test - Denial of workers’ compensation benefits. If an injured employee refuses to submit to a drug/alcohol test, the employee forfeits eligibility for workers’ compensation medical and indemnity benefits to the extent allowed under applicable state law

Health and Safety. It is the responsibility of each associate to conduct all tasks in a safe and efficient manner complying with all local, state, and federal safety and health regulations.

It is the responsibility of any associate witnessing or involved in an accident or other safety related incident to immediately notify ECCO. Failure to report such an infraction may result in disciplinary action, including termination.

Furthermore, ECCO requires that every person in the organization assumes the responsibility of individual and organizational safety. Failure to follow company safety and health guidelines or engaging in conduct that places the associate, customer or company property at risk can lead to disciplinary action and/or termination.

Smoke-Free Workplace. Smoking is not allowed in company buildings or work areas at any time. “Smoking” includes the use of any tobacco products, electronic smoking devices, and e-cigarettes containing nicotine cartridges. All company vehicles are non-smoking

Smoking is only permitted during breaks in designated outdoor areas. Employees using these areas are expected to dispose of any smoking debris safely and properly.

Confidentiality & Non-Solicitation. Our clients and other parties with whom we do business entrust ECCO with important confidential information. It is our policy that company and client information will not be disclosed to external parties or to other ECCO employees without a bona fide, business related “need to know.” If an employee questions whether certain information is considered confidential, he/she should discuss it with the Human Resources Department prior to relaying any information to a third party.

Nothing in this section is intended to infringe upon employees’ Section 7 rights under the National Labor Relations Act.

Outside Employment. Activities and conduct away from the job must not compete with, conflict with, or compromise the company interests or adversely affect job performance and the ability to fulfill all job responsibilities. Employees are prohibited from performing any services for customers, on non-working or working time, that are normally performed by ECCO. This prohibition also extends to the use of any company tools or equipment and the use or application of any confidential information. In addition, employees are not to solicit or conduct any outside business during paid working time or from ECCO clients.

Reporting To Work

Attendance, Time Clock Guidelines, Punctuality, and Time Off

Attendance & Punctuality. ECCO’s continued success is dependent upon all employees working a full time (40 hours per week) schedule. Out of respect for our customers and co-workers ECCO expects employees to be present and on-time for all scheduled workdays. We expect employees to contact their supervisor at least one hour before the start of their scheduled work if they anticipate being more than 15 minutes late.

NOTE: It is your responsibility to ensure that proper notification is given for any unplanned adjustments to your scheduled work shift. Leaving messages on company voice mail or email or asking another employee, friend, or relative to give notification of lateness or absenteeism may be considered for emergency situations. In order to ensure notification is received, you are strongly encouraged to speak directly with a company representative vs leaving a message.

Where such notification is not given, the absence will be considered unexcused and may result in appropriate disciplinary consequences. If an employee is absent for two consecutive days without notifying ECCO, he or she is subject to disciplinary action up to and including termination.

If you are absent because of an illness for three (3) or more consecutive business days, you may be asked to submit written documentation from your doctor, stating you are able to resume normal work duties before you will be allowed to return to work.

Not reporting to work and/or not contacting the office to report an absence is not acceptable and is considered grounds for disciplinary action, up to and including termination.

Attire and Grooming. It is important for all employees to project a professional image while at work by being appropriately attired. ECCO employees are expected to be neat, clean and well-groomed while on the job. Clothing must be consistent with the standards for a business environment and must be appropriate, at ECCO’s discretion.

Safety shoes and protective eye and ear equipment are required for certain positions and will be reimbursed or provided by ECCO as necessary.

All employees are required to wear clothing that is neat and clean and not ripped, frayed, disheveled, tight, revealing or otherwise inappropriate. Additionally, employees must maintain high standards of personal hygiene, including regular baths or showers, use of deodorant, and appropriate oral hygiene. Use of cologne may be prohibited to prevent allergies and headaches for some people. Also, employees are not allowed to wear clothing to loose that would be considered a safety hazard around equipment.

Requests for accommodation as to the appearance and grooming standards for medical or religious reasons will be considered in accordance with applicable state and federal law and must be reviewed and approved by the Human Resources Department

Time Keeping Guidelines. All non-exempt employees are required to accurately record all time worked (whether completed on the premises or elsewhere). Company time does not include any time worked during meal periods or rest breaks. Employees may not perform non-Company work on Company time.

It is an employee’s responsibility to accurately record their time for every shift worked. Employees may not begin work until clocking in and must stop working before clocking out. If an employee forgets to clock in or out, is not able to clock in or out, or if he or she believes their time records are not recorded accurately, the employee must immediately notify his or her supervisor so the time can be accurately recorded for payroll purposes. The Company relies on the accuracy of employee time entries in order to pay employees on a timely and correct basis.

Non-exempt employees are not required to perform any work when off-duty. However, your supervisor may allow you to engage in work-related communications when you are off duty. If you choose to engage in work-related communications when you are off duty, you must have your supervisor’s approval, accurately track your time, and turn it in to your supervisor for the applicable payroll period.

Overtime. Non-exempt employees may be required to work overtime as necessary. When possible, ECCO will provide advance notification to the employee affected. If prior authorization is not obtained, non-exempt employees will be subject to discipline up to and including termination of employment. Only actual hours worked in a given workday or workweek apply in calculating overtime. Time off on sick leave, vacation leave, or any leave of absence will not be considered hours worked for purposes of performing overtime calculations.

Overtime Pay for Non-Exempt Employees. Overtime is defined as hours worked by an hourly or nonexempt employee in excess of 40 hours in a workweek and should be recorded. Overtime must be approved in advance by the employee’s direct supervisor. Employees may not work unauthorized overtime. Working unauthorized overtime will result in discipline up to and including termination.

Vacation, holiday pay and other non-worked time does not apply toward work time.

Employees who anticipate the need for overtime to complete the week’s work must notify the supervisor in advance and obtain approval before working hours that extend beyond their normal schedule. During busy periods, employees may be required to work extended hours.

VACATION & PAID TIME OFF (PTO)

ECCO offers Vacation and Paid Time Off (PTO) for all full-time employees, based on tenure. Employees will accrue vacation every pay period according to the following schedule.

Date of Hire - 4 years of employment = 2 Weeks or 80 hours annually

5 Years of employment = 3 weeks or 120 hours annually

10 years of employment = 4 weeks or 160 hours annually

20+ years of employment = 5 weeks or 200 hours annually

Vacation days should be used by the end of the calendar year; however, employees will be allowed to carry over up to 40 hours per year.

*Vacation time must be used in blocks of 4-hour increments.

Paid Time Off (PTO). In addition to your earned vacation time, full-time employees will receive 11 PTO days or 88 hours annually at the beginning of the calendar year. If planned in advance, and pre-approved by a supervisor, PTO can be used by an employee for any reason. PTO should be used by the end of the calendar year. You cannot carry over any PTO into the new calendar year. PTO is a benefit provided to ECCO employees in good standing and is not eligible to be paid out upon separation of employment.

*PTO must be used in blocks of 4-hour increments.

Sick Policy. At ECCO we trust that our team will report to work as scheduled. In the event an employee feels unwell, they should communicate as soon as possible with their direct supervisor and use responsible judgment to not report for work if you are feeling unwell or have immediate health concerns. After three consecutive days out sick a doctor’s note is required.

Volunteer Time. In addition to PTO, employees may take up to 2 days, (16 hours) of paid time off each year to participate in a volunteer program of their choice.

Volunteer time must be requested and preapproved in advance by sending an email to their manager. A copy of the email will be sent to HR to be kept in the employee’s personnel file.

Volunteer time should not conflict with the peak work schedule and other work-related responsibilities, create the need for overtime or cause conflicts with other employees' schedules. Approval for volunteer time will be based on business need and is not guaranteed. Volunteer Time is a benefit provided to ECCO employees in good standing and is not eligible to be paid out upon separation of employment.

Requesting Time Off

ECCO strives to be flexible in granting employee requests for time off. Vacation must be requested and approved 14 days in advance. Time away may or may not be approved, based on business need. A 24-hour notice is required for all planned appointments.

Holidays. In addition to vacation, ECCO observes seven company-paid holidays for employees.

• New Year’s Day

• Memorial Day

• Independence Day

• Labor Day

• Thanksgiving Day

• The Friday after Thanksgiving

• Christmas Day

*Holidays falling on a Saturday will normally be observed the preceding Friday. Holidays falling on a Sunday will normally be observed on the following Monday.

Employees classified as “non-exempt” will receive eight hours of pay at their normal rate for company recognized holidays. Vacation, holidays, or other non-worked time does not count towards hours worked for the purposes of overtime pay calculations.

General Policies

Educational Assistance Policy. ECCO will reimburse an employee up to a maximum of $5,250 per year as per IRS allowance for continuing education through an accredited program that either offers growth in an area related to his or her current position or that may lead to promotional opportunities. This education may include college credit courses, continuing education unit courses, seminars and certification tests that are jobrelated.

An employee must secure a passing grade of "B" or its equivalent or obtain a certification to receive any reimbursement. Expenses must be validated by receipts and a copy of the final grade or certification received.

Eligibility

Full-time, regular employees who have completed one year of employment are eligible under this policy

Educational Assistance Policy

In addition to educational assistance to our employees, ECCO also promotes continuous education through ECCO’s College Assistant Program for spouses and dependent children. ECCO will provide a $500 contribution per semester, for eligible family members.

Employee Family Tuition Form

Employee Referral Policy Equipment Controls Company is always looking for great, talented people to be a part of our growing family. As a valued member of our team, we know that you have a network of friends and colleagues. With those contacts you can help us build our future. Research has shown, and our own experience supports, that new hires who come into a company through employee referrals are excellent contributors, stay with the company longer and are more cost-effective recruits.

That is where you come in! If you know someone who would be a good addition to our team, ECCO will pay you a referral bonus of $500. (Less taxes) for a candidate referral that is hired and retained through a 90-day probation period.

Employee Referral Policy

Company Vehicle Policy. In certain circumstances ECCO may provide access to a company owned vehicle or authorize an individual to use their personal vehicle to conduct company business. In these circumstances the operator of the vehicle must be an ECCO employee with a valid and current driver’s license and insurance. All employee drivers must have a signed and dated company vehicle authorization form on file.

Leased Vehicle Policy

Electronic Communication And Internet Use

The following guidelines have been established for using the Internet, e-mail, and other electronic communications in an appropriate, ethical and professional manner:

Internet, company-provided equipment (e.g., laptops, computers) and services may not be used for transmitting, retrieving, or storing any communications of a defamatory, discriminatory, harassing, or pornographic nature, in violation of ECCO’s harassment and discrimination policies.

The following actions are forbidden engaging in any illegal activities, including piracy, extortion, blackmail, copyright infringement, and unauthorized access of any computers and company-provided equipment, such as laptops.

Employees may not copy, retrieve, modify or forward copyrighted materials, except with permission or as a single copy to reference only.

Internal and external communications delivered or received on company provided services or equipment are considered business records and may be subject to review by ECCO and/or discovery in the event of litigation. Be aware of this possibility when sending e-mail within and outside the company.

Computers, computer files, the e-mail system, and software furnished to employees are

ECCO’s property intended for business use. ECCO employees do not have a reasonable expectation of privacy in their e-mail, computer, Internet, and /or voice mail systems. Employees may not use a password, access a file, or retrieve any stored communication without authorization. Additionally, employees may not release their passwords to other employees or individuals. ECCO may intercept, monitor, copy, review, and download any communications or files you create or maintain on these systems. When using the Internet do not send materials of a sensitive nature or that constitute “confidential information” unless the information is properly encrypted to prevent interception by third parties.

Additionally, it is the responsibility of ECCO employees to immediately report accidental or unintentional receipt of or access to what might be considered confidential information. Failure to do so will be subject to disciplinary action up to and including termination of employment.

Right to Monitor. All company-supplied technology and company-related work records belong to ECCO. Inappropriate or illegal use or communications, including unauthorized use of the confidential information of ECCO or its customers, will be subject to disciplinary action up to and including termination of employment.

Solicitation, Distributions and Posting of Materials. ECCO prohibits solicitation by employees in working areas during working hours, including, but not limited to: solicitation made for raffles, fundraising, product sales, memberships, contests or subscriptions, surveys, causes, organizations, or other outside interests.

Employees are also strictly prohibited from distributing, posting, or circulating literature or materials of any kind while on work time or on company property or worksites. Work time does not include break periods, meal periods, or other specified non-work periods during which employees are not expected to perform their assigned duties.

Company bulletins boards are for business-related information only. Notices or other written material may not be posted on Company property without prior approval.

For Sponsorship, Contributions, or in-kind support from ECCO, please send an email with request to HR.

Social Media. Use of social media presents certain risks and carries with it certain responsibilities. To assist you in making responsible decisions about your use of social media, we have established these guidelines for appropriate use of social media. This policy applies to all employees who work for ECCO

Guidelines

“Social media” includes all means of communicating or posting information or content of any sort on the Internet, including to your own or someone else’s site, whether or not associated or affiliated with ECCO, as well as any other form of electronic communication. Ultimately, you are solely responsible for what you post online. Before creating online content, consider some of the risks and rewards that are involved. Keep in mind that any of your conduct that adversely affects your job performance, the performance of fellow employees or otherwise adversely affects members, customers, suppliers, people who work on behalf of ECCO or ECCO’s legitimate business interests may result in disciplinary action up to and including termination.

Know and Follow the Rules

Carefully read these guidelines, ECCO’s Equal Employment Opportunity Policy and Policy on Harassment, and ensure your postings are consistent with these policies. Inappropriate postings that may include discriminatory remarks, harassment, and threats of violence or similar inappropriate or unlawful conduct will not be tolerated and may subject you to disciplinary action up to and including termination.

Do not use ECCO email addresses to register on social networks, blogs or other online tools utilized for personal use.

Be Respectful

Always be courteous to fellow employees, customers, members, suppliers, or people who work on behalf of ECCO. If you decide to post complaints or criticism, avoid using statements, photographs, video, or audio that reasonably could be viewed as malicious, obscene, threatening or intimidating, that disparage customers, members, employees, or suppliers, or that might constitute harassment or bullying.

Be Honest and Accurate

Make sure you are always honest and accurate when posting information or news, and if you make a mistake, correct it quickly. Never post any information or rumors that you know to be false about ECCO, fellow employees, members, customers, suppliers, and people working on behalf of ECCO or competitors.

Post Only Appropriate and Respectful Content

Maintain the confidentiality of ECCO’s private or confidential information. Do not post internal reports, policies, procedures, or other internal business-related confidential communications.

Do not create a link from your blog, website, or other social networking site to ECCO’s website without identifying yourself as a ECCO employee.

Express only your personal opinions. Never represent yourself as a spokesperson for

Media Contacts

Employees should not speak to the media on ECCO’s behalf without contacting the company President or designated person. All media inquiries should be directed to ECCO management

Company Equipment

Proper care and maintenance of company property is the responsibility of each employee. Negligence leading to the loss or damage of ECCO equipment (computers, printers, etc.) may lead to disciplinary action up to and including termination.

In some circumstances ECCO may provide a company issued cell phone. Employees assigned a company phone must have a signed copy of ECCO’s cell phone policy on file. ECCO will never require an employee to use a personal cell phone to conduct company business.

Company Cellphone Usage Policy PAY AND PERFORMANCE (TOUCHPOINTS)

At ECCO we believe in candid and regular feedback regarding an employee’s performance. In order to support the highest levels of work performance, we believe in the importance of regular feedback and on-going dialogue through Touchpoints. Touchpoints are formal one on one meetings from a manager to the employee to provide overall performance feedback and discuss the employee’s goals and satisfaction with the company.

Company Expenses. Employees who have incurred expenses on behalf of ECCO will be promptly reimbursed pending timely and accurate completion of a company expense report. Company expenses should be approved in advance, whenever possible.

Expense Report Process

In certain circumstances ECCO may provide an individual with a company credit card. In such cases, use of the credit card is authorized only for the designated ECCO employee. Company credit cards should be carefully safeguarded and remain in the possession of the designated employee. Loss, misuse, or suspected fraudulent activity must be immediately reported to ECCO’s Chief Financial Officer.

Company Credit Card Policy

Leave Of Absence

ECCO will consider granting leave of absence requests on a case-by-case basis or as required by applicable state or federal law.

Time away from work to cover maternity/paternity leave falls under ECCO’s Disability Leave Policy.

Short Term Disability Policy

Family and Medical Leave (FMLA). ECCO complies with the federal FMLA, which requires employers to grant unpaid leaves of absence to qualified workers for certain medical and family-related reasons. The company also abides by any state and local leave laws. The more generous of the laws will apply to the employee if the employee is eligible under both federal and state laws.

Basic Leave Entitlement. The FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons: (1) for incapacity due to pregnancy, prenatal medical care, or childbirth; (2) to care for the employee’s child after birth or placement for adoption or foster care; (3) to care for the employee’s spouse, child, or parent who has a serious health condition; or (4) for a serious health condition that makes the employee unable to work.

Military Family Leave Entitlements. Eligible employees with a spouse, child, or parent on active duty or called to active-duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include addressing issues that arise from (1) short notice of deployment (limited to up to 7 days of leave); (2) attending certain military events and related activity; (3) arranging child care and school activities; (4) addressing certain financial and legal arrangements; (5) attending certain counseling sessions; (6) spending time with covered military family members on short-term temporary rest and recuperation leave (limited to up to 5 days of leave); (7) attending post deployment reintegration briefings; (8) arranging care for or providing care to a parent who is incapable of self-care; and (9) any additional activities agreed upon by the employer and employee that arise out of the military member’s active duty or call to active duty.

The FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12month period. A covered servicemember is a current member of the armed forces, including a member of the National Guard or reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform the duties of the servicemember’s office, grade, rank, or rating and for which the servicemember is undergoing medical treatment, recuperation, or therapy; is in outpatient status; or is on the temporary disability retired list.

Benefits and Protections During FMLA Leave. During FMLA leave, ECCO will maintain the employee’s health coverage under any “group health plan” on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees will be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.

Employee Eligibility. The FMLA defines eligible employees as employees who (1) have worked for the company for at least 12 months; (2) have worked for the company for at least 1,250 hours in the previous 12 months; and (3) work at or report to a worksite that has 50 or more employees or is within 75 miles of company worksites that, taken together, have a total of 50 or more employees.

Definition of “Serious Health Condition.” A serious health condition is an illness, an injury, an impairment, or a physical or mental condition that involves either an overnight stay in a medical care facility or continuing treatment by a healthcare 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, work, or other daily activities.

Use of Leave. Leave can be taken intermittently or on a reduced work schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the company operations.

Employee Responsibilities. Employees must provide 30 days’ advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days’ notice is not possible, employees must provide notice as soon as practicable and generally must comply with the company’s normal call-in procedures. The company may delay leave to employees who do not provide proper advance notice of the foreseeable need for leave, absent unusual circumstances preventing the notice.

Employees must provide sufficient information for the company 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 healthcare provider, or circumstances supporting the need for military family leave. Employees also must inform the company if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also are required to provide a certification and periodic recertification supporting the need for leave. The company also may require a second and, if necessary, a third opinion (at the company’s expense) and, when the leave is a result of the employee’s own serious health condition, a fitness-for-duty report to return to work. The company also may delay or deny approval of leave for lack of proper medical certification.

Company Responsibilities. The company will inform employees requesting leave whether they are eligible under the FMLA. If they are, the notice will specify any additional information required, as well as the employees’ rights and responsibilities. If employees are not eligible, the company will provide a reason for the ineligibility.

The company will inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employees’ FMLA leave entitlement. If the company determines that the leave is not FMLA-protected, the company will notify the employees.

Other Provisions. Under an exception to the FLSA in the FMLA regulations, hourly amounts may be deducted for unpaid leave from the salary of executive, administrative, and professional employees; outside sales representatives; certain highly skilled computer professionals; and certain highly compensated employees who are exempt from the minimum wage and overtime requirements of the FLSA, without affecting the employees’ exempt status. This special exception to the “salary basis” requirements for the FLSA’s exemptions extends only to eligible employees’ use of FMLA leave.

Employees may not perform work for self-employment or for any other employer during an approved leave of absence, except when the leave is for military or public service or when the company has approved the employment under its Outside Employment policy and the employees’ reason for FMLA leave does not preclude the outside employment.

FMLA Policy

Military Leave. ECCO supports the military obligations of all employees and grants leaves for uniformed service in accordance with applicable federal and state laws. Any employee who needs time off for uniformed service should immediately notify the HR department and the employee’s supervisor, who will provide details regarding the leave. If an employee is unable to provide notice before leaving for uniformed service, a family member should notify the supervisor as soon as possible.

Upon return from military leave, employees will retain certain rights with respect to reinstatement, seniority, layoffs, compensation, length of service promotions, and length of service pay increases, as required by applicable federal or state law. Failure to report for work within the prescribed time after completion of military service will be considered a voluntary termination.

All employees who enter military service may accumulate a total absence of 5 years and still retain employment rights.

Military Leave

Bereavement Leave. As a member of the ECCO family, we support employees who have suffered the loss of someone close to them. An employee needing to take bereavement leave due to the death of an immediate family member should work with their direct supervisor to plan for needed time away.

“Immediate family members” are defined as an employee’s spouse, domestic partner, parents, aunt, uncles, cousins, stepparents, siblings, children, stepchildren, grandparent, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, or grandchild. All regular, full-time employees may take up to three (3) days off with pay to attend the funeral of an immediate family member. Normally, the time off is available only in the week following the death. However, employees with a legal responsibility for settling a deceased person’s affairs can use part of the three days for this purpose at a later time.

Payment for bereavement leave is computed at the regular hourly rate to a maximum of 8 hours for 3 days. Time off granted in accordance with this policy shall not be credited as time worked for the purpose of computing overtime. Bereavement leave will not be counted against an employees’ PTO allotment. Additional time off requests made by granted in extenuating circumstances, subject to pre-approval by Human Resources.

Jury Duty/Court Appearance

The company supports employees in their civic duty to serve on a jury. Employees must present any summons to jury duty to their supervisor as soon as possible after receiving the notice to allow advance planning for an employee’s absence. Employee’s will be paid at a maximum of two weeks for jury duty and must provide documentation.

Time for appearance in court for personal business will be the individual employee’s responsibility. Normally, PTO or vacation days will be used for this purpose.