Associated Students Student Employee Handbook

Associated Students I Employee Handbook

Associated Students Employee Handbook

! e c n e i r e p x E r u o Y e c n a h n E

Associated Students I Employee Handbook

Associated Students I Employee Handbook

welcome Welcome to Associated Students at San Jose State University. We are delighted that you have chosen to join our organization and hope that you will enjoy a long and successful career with us. As you become familiar with our culture and mission, we hope you will take advantage of opportunities to enhance your career and further Associated Students’ goals.

Associated Students strengthens the Spartan community through access to opportunities that inspire educational growth and student development. Our mission is to support and represent the students of San José State University by continuing the organization’s legacy of student advocacy and leadership; to enhance SJSU students’ education through high quality programs and services; and to prepare students as they move towards a thoughtful and purposeful life after graduation.

Associated Students is strongly rooted in our core values of:

• • • • • • • •

Active Citizenship Advocacy Inclusion Equity Justice Openness Self-awareness Life-long Learning

Our employees use their creativity and talent to support our mission. With your active involvement, Associated Students will continue to achieve our mission and we sincerely hope you will take pride in being an important part of Associated Students’ success.

Associated Students I Employee Handbook

about this handbook This employee handbook contains information about the employment policies and practices of Associated Students in effect at the time of publication. All previously issued handbooks and any inconsistent policy statements, memoranda or other Associated Students documents are superseded, with the exception of any currently valid written agreements between an employee and Associated Students.

This employee handbook sets forth the terms and conditions of employment for all full-time, part-time, and student assistant employees.

Associated Students reserves the rights to revise, modify, delete or add to any policies, procedures, work rules or benefits stated in this handbook or in any other document, except for the policy of at-will employment or as contained in any currently valid written agreements between employees and Associated Students. All such revisions, modifications, deletions or additions must be in writing and must be signed by the Executive Director of Associated Students. No oral statements or representations can change or alter the provisions of this handbook. With the exception of any currently valid written agreements entered into between employees and Associated Students, signed by Associated Students’ President/CEO or their designee, this handbook sets forth the entire agreement between you and Associated Students as to the duration of employment and the circumstances in which employment may be terminated; there are no oral or collateral agreements of any kind.

Nothing in this employee handbook, or any other personnel document, including but not limited to, benefit plan descriptions, creates, or is intended to create, a promise or representation of continued employment for any employee.

Not all Associated Students policies and procedures are set forth in this handbook.

We have summarized only some of the more important ones. If you have any questions or concerns about this handbook or any other policy or procedure, please contact your supervisor or the Human Resources department.

Associated Students I Employee Handbook

at will employment Employment with Associated Students is employment at will. Employment at will may be terminated for any reason, with or without cause or notice, at any time by the employee or Associated Students.

Nothing in this handbook or in any document or statement, oral or written, limits the right to terminate employment at will. Terms and conditions of employment with Associated Students may be modified at the sole discretion of Associated Students with or without cause, with the exception of the terms set forth in any currently valid written agreement between an employee and Associated Students. Other than the Executive Director of Associated Students, no one has the authority to make any agreement for employment other than for employment at will or to make any agreement limiting the Associated Students’ discretion to modify the terms and conditions of employment.

No implied contract concerning any employment-related decision or term or condition of employment can be established by any statement, conduct, policy or practice. Examples of the types of terms and conditions of employment which are within the sole discretion of Associated Students including, but not limited to the following: promotion, demotion, transfers, hiring decisions, compensation, benefits, qualifications, discipline, layoff or recall, rules, hours and schedules, work assignments, job duties and responsibilities, production standards, subcontracting, reduction, cessation or expansion of operations, sale, relocation, merger or consolidation of operations, the use of equipment, methods or facilities, or any other terms and conditions that Associated Students may determine to be necessary for the safe, efficient and economic operation of its business.

Nothing in this statement is intended to interfere with, restrain, or prevent concerted activity as protected by the National Labor Relations Act. Such activity includes employee communications regarding wages, hours, or other terms or conditions of employment.

Associated Students’ employees have the right to engage in or refrain from such activities.

Associated Students I Employee Handbook

table of contents Equal Employment Opportunity.......................................................................................................................................................... 01

Equal Opportunity Commitment to Diversity Harassment Policy and Complaint Procedure Accommodation for Adult Literacy Programs Accommodation for Victims of Domestic Violence, Sexual Assault or Stalking Accommodation for Drug or Alcohol Treatment or Rehabilitation

Conflict of Interest and Confidential Information............................................................................................................ 06

Conflict of Interest Confidential Information

Employment Relationship. ......................................................................................................................................................................... 09

Employment Classification Employee Eligibility and Work Authorization Workweek, Hours of Work, and Business Hours Meal and Rest Periods Recovery/Cool-Down Periods Time Records Discussion of Wages Personal Devices Overtime Reporting Time Pay Deductions from Pay and Safe Harbor Pay Periods and Paychecks Personnel Files Employment of Relatives and Domestic Partners Prohibition Against and Duty to Disclose Romantic Relationships Background Checks and Investigations Anniversary Date Driver’s License & Driving Record Health Examinations Job Descriptions Career Advancement Fraud Prevention and Whistleblower Protection Separation from Employment Employment Verification

Workplace Safety. ................................................................................................................................................................................................ 18 Commitment to Safety Reporting Injuries and Illnesses Zero Tolerance for Workplace Violence Drug-Free and Alcohol Free Workplace Smoking and Tobacco-Free Workplace Security Alert SJSU Workplace Policies and Guidelines................................................................................................................................................... 24

Attendance Scheduling for Part-Time Employees Day of Rest Job Performance Workplace Attire and Grooming

Associated Students I Employee Handbook

Solicitation Computers, Internet, Email, and Other Resources Social Media and Acceptable Use Media Contact Off-Duty Conduct Progressive Disciplinary Action Personal Phone Calls and Mail Associated Students Property and Equipment Customer Service Pets and Service Animals Parking

Time Off and Leave of Absence............................................................................................................................................................ 33

Holidays Personal Holiday Vacation Sick Leave Family and Medical Leave Unpaid Leave of Absence Pregnancy/Disability Leave California Paid Family Leave (PFL) Workers’ Compensation Disability Leave Military Leave Family Military Leave Bereavement Leave Jury and Witness Duty Leave Time Off for Voting Election Officer Leave School Activities Leave School Discipline Leave Volunteer Firefighters, Emergency Rescue Personnel, and Reserve Peace Officers Time Off for Victims of Sexual Assault, Domestic Violence or Stalking Time Off for Victims of Legal Violations Time Off for Alcohol and Drug Rehabilitation Lactation Accommodation Organ and Bone Marrow Donation Leave Educational Leave of Absence

Benefits. .......................................................................................................................................................................................................................... 47

Medical, Dental and Vision Insurance Group Life Insurance Supplemental Life Insurance State Disability Insurance Supplemental Short-Term Disability Insurance Supplemental Long-Term Disability Insurance 401(k) Plan Workers’ Compensation Employee Assistance Program Education Assistance Program Catastrophic Leave Donation Program Child Care Assistance Program Credit Union Membership Retiree Benefits

Associated Students I Employee Handbook

equal employment opportunity

Associated Students I Employee Handbook

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Equal Opportunity Associated Students is committed to providing a professional work environment free from discrimination and harassment, including discrimination and harassment based on a protected category, and an environment free from retaliation for participating in any protected activity covered by this policy. Associated Students is committed to providing equal employment opportunities to all employees and applicants for employment. Accordingly, we have adopted and maintain this anti-discrimination policy designed to encourage professional and respectful behavior and prevent discriminatory and harassing conduct in our workplace. We will implement appropriate corrective action(s), up to and including termination of employment, in response to misconduct--including violations of Associated Students’ anti-discrimination policy--even if the violation does not rise to the level of unlawful conduct.

Associated Students prohibits discrimination or harassment based on the following categories: race, color, religion, religious creed (including religious dress and grooming practices), national origin, ancestry, citizenship, physical or mental disability, medical condition (including cancer and genetic characteristics), genetic information, marital status, sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender, gender identity, gender expression, age (40 years and over), sexual orientation, veteran and/or military status, protected medical leaves (requesting or approved for leave under the Family and Medical Leave Act or the California Family Rights Act), domestic violence victim status, political affiliation, and any other status protected by federal, state or local laws.

In addition, Associated Students prohibits retaliation against a person who engages in activities protected under this policy. Reporting, or assisting in reporting, suspected violations of this policy and cooperating in investigations or proceedings arising out of a violation of this policy are protected activities under this policy.

All employees are expected to assume responsibility for maintaining a work environment that is free from discrimination, harassment and retaliation. Employees are encouraged to promptly report to their supervisor or the Human Resources department conduct that they believe violates this policy so that we have an opportunity to address and resolve any concerns.

Managers and supervisors are required to promptly report conduct to the Human Resources department that they believe violates this policy. We are committed to responding to alleged violations of this policy in a timely and fair manner and to taking appropriate action aimed at ending the prohibited conduct.

Associated Students will not allow any form of retaliation against individuals who raise issues of equal employment opportunity. If an employee feels he or she has been subjected to any such retaliation, he or she should bring it to the attention of your supervisor or the HR Manager.

Retaliation means adverse conduct taken because an individual reported an actual or perceived violation of this policy, opposed practices prohibited by this policy, or participated in the reporting and investigation process described below. “Adverse conduct� includes but is not limited to: 1. Shunning and avoiding an individual who reports harassment, discrimination or retaliation; 2. Express or implied threats or intimidation intended to prevent an individual from reporting harassment, discrimination or retaliation; or 3. Denying employment benefits because an applicant or employee reported harassment, discrimination or retaliation or participated in the reporting and investigation process.

Associated Students also recognizes and supports the obligation to reasonably accommodate applicants or employees with disabilities or religious beliefs or practices in order to allow those applicants or employees to perform the essential functions of the job.

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If an applicant or employee believes they need a reasonable accommodation based on disability or a religious belief or practice, the applicant or employee should discuss the matter with their supervisor or the Human Resources department. The individual with the disability or a religious belief or practice must specify what accommodation he or she needs to perform the job. Associated Students will then partner with San Jose State University’s Employee Accommodation Resource Center (EARC) to identify the barriers that make it difficult for the applicant or employee to have an equal opportunity to perform their job. Associated Students and the EARC will identify possible accommodations, if any, that will help eliminate the limitation. If the accommodation is reasonable and will not impose an undue hardship, Associated Students will make the accommodation.

Commitment to Diversity Associated Students is committed to creating and maintaining a workplace in which all employees have an opportunity to participate and contribute to the success of Associated Students and are valued for their skills, experience, and unique perspectives.

This commitment is embodied in company policy and the way we do business at Associated Students and is an important principle of sound business management.

Harassment Policy and Complaint Procedure Associated Students must take all reasonable steps to prevent sexual and other unlawful harassment from occurring. In addition to prohibiting other forms of unlawful discrimination, Associated Students maintains a strict policy prohibiting harassment because of race, color, religion, religious creed (including religious dress and grooming practices), national origin, ancestry, citizenship, physical or mental disability, medical condition (including cancer and genetic characteristics), genetic information, marital status, sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender, gender identity, gender expression, age (40 years and over), sexual orientation, veteran and/or military status, protected medical leaves (requesting or approved for leave under the Family and Medical Leave Act or the California Family Rights Act), domestic violence victim status, political affiliation, and any other status protected by federal, state or local laws.

Associated Students’ anti-harassment policy applies to all employees and independent contractors involved in the operations of Associated Students and prohibits harassment by any Associated Students employees, including supervisors, co-workers, and independent contractors. Associated Students’ anti-harassment policy also protects employees from harassment by clients, vendors, or others doing business with Associated Students.

If harassment occurs on the job by someone not employed by Associated Students, the procedures in this policy should be followed as if the harasser were an employee of Associated Students.

Definition of Unlawful Harassment - “Unlawful harassment” is conduct that has the purpose or effect of creating an intimidating, hostile, or offensive work environment; has the purpose or effect of substantially and unreasonably interfering with an individual’s work performance; or otherwise adversely affects an individual’s employment opportunities because of the individual’s membership in a protected class.

Unlawful harassment includes, but is not limited to, epithets; slurs; jokes; pranks; innuendo; comments; written or graphic material; stereotyping; or other threatening, hostile, or intimidating acts based on race, color, ancestry, national origin, gender, sex, sexual orientation, marital status, religion, age, disability, veteran status, or other characteristic protected by federal, state or local law.

Definition of Sexual Harassment - The law defines sexual harassment as unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when: (1) submission to such conduct is made a term or condition of employment; or (2) submission to or rejection of such conduct is used as basis for employment decisions affecting the individual; or (3) such conduct has the purpose or effect of unreasonably

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interfering with an employee’s work performance or creating an intimidating, hostile or offensive working environment.

Other sexually oriented conduct, whether intended or not, that is unwelcome and has the effect of creating a work environment that is hostile, offensive, intimidating, or humiliating to workers may also constitute sexual harassment.

While it is not possible to list all the additional circumstances that may constitute sexual harassment, the following are some examples of conduct that, if unwelcome, may constitute sexual harassment: • Unwanted sexual advances, whether they involve physical touching or not.

• Improper language such as making or using derogatory comments, epithets, slurs, sexually explicit jokes, comments about an employee’s body or dress, graphic verbal commentary about an individual’s body, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations.

• Visual conduct such as leering, making sexual gestures, displaying of sexually suggestive objects or pictures, cartoons or posters.

• Displaying sexually suggestive objects, pictures, or cartoons.

• Offering employment benefits in exchange for sexual favors.

• Inquiries into one’s sexual experiences; and • Discussion of one’s sexual activities.

• Making or threatening retaliation after a negative response to sexual advances or for reporting harassment or threatening to report harassment.

All employees should take special note that, as stated above, retaliation against an individual who has complained about sexual harassment and retaliation against individuals for cooperating with an investigation of sexual harassment complaint is unlawful and will not be tolerated at Associated Students.

Complaint Procedure - Associated Students’ complaint procedure provides for an immediate, thorough and objective investigation of any sexual or other harassment claim, appropriate disciplinary action against one found to have engaged in prohibited harassment, and appropriate remedies to any victim of harassment.

Any employee who believes he or she has been subject to or witnessed illegal discrimination, including sexual or other forms of unlawful harassment, is requested and encouraged to make a complaint as soon as possible after an incident has occurred. Written or oral complaints can be provided to the employee’s supervisor or manager, Human Resources, or any other member of management with whom the employee feels comfortable reporting such a complaint. Supervisors and managers will immediately refer all harassment complaints to Human Resources. The complaint should include: 1. The name, department and position of the person(s) allegedly committing harassment.

2. A description of the incident(s), including date(s), location(s) and the presence of any witnesses.

3. The effect of the incident(s) on the complainant’s ability to perform their job, or on other terms or conditions of their employment.

4. The names of other individuals who might have been subject to the same or similar harassment.

5. What, if any, steps the complainant has taken to try to stop the harassment.

6. Any other information the complainant believes to be relevant to the harassment complaint.

All reported incidents of sexual or other harassment must and will be investigated promptly, even if the alleged victim expresses a desire that Associated Students not investigate. That is the law. Human Resources will immediately undertake or direct an effective, thorough and objective investigation of the harassment allegations. Upon completion of the investigation,

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Associated Students I Employee Handbook

a determination regarding the harassment alleged will be made and communicated to the employee(s) who complained and the accused harasser(s). If Associated Students determines that sexual or other prohibited harassment has occurred, Associated Students will take e ffective remedial action commensurate with the circumstances. Appropriate action will also be taken to deter any future harassment. If a complaint of harassment is substantiated, appropriate disciplinary action, up to and including immediate termination of employment, will be taken and Associated Students will communicate to the complainant that action has been taken to prevent further harassment.

Confidentiality - All complaints and investigations will be treated confidentially to the extent possible and information is disclosed strictly on a need-to-know basis. The identity of the complainant is usually revealed to the parties involved during the investigation and the HR manager will take adequate steps to ensure that the complainant is protected from retaliation during and after the investigation. All information pertaining to a sexual harassment complaint or investigation is maintained in secure files within the HR department.

Anti-Retaliation Policy - In accordance with applicable law, Associated Students prohibits retaliation against any employee because of the employee’s opposition to a practice the employee reasonably believes to constitute employment discrimination or because of the employee’s participation in an employment discrimination investigation, proceeding or hearing. Any retaliatory adverse action because of such opposition or participation is unlawful and will not be tolerated. For purposes of Associated Students’ anti-retaliation policy, all references to “discrimination” should be understood to include “harassment.”

Additional Enforcement Information - In addition to Associated Students’ internal complaint procedures regarding harassment, discrimination, and retaliation, employees should be aware that the federal Equal Employment Opportunity Commission (EEOC) and the California Department of Fair Employment and Housing (DFEH) also investigate and prosecute such complaints. The contact information for both agencies are listed below: Equal Employment Opportunity Commission (EEOC) 1-800-669-4000 www.eeoc.gov California Department of Fair Employment and Housing (DFEH) 1-800-669-4000 www.dfeh.gov Accommodation for Adult Literacy Programs Associated Students provides reasonable accommodation and assistance to an employee who reveals a literacy problem and requests assistance to enroll in an adult literacy education program unless doing so will result in an undue hardship to the company’s business operations. Examples of assistance include providing employees with the location of local literacy programs and arranging for jobsite visits by literacy education providers.

Employees who wish to self-identify as an individual with a literacy problem and request an accommodation should contact Human Resources. The Company will take reasonable steps to safeguard the privacy of any employee who self-identifies. In addition, employees who are performing satisfactorily will not be subject to termination of employment because they have disclosed literacy problems.

While Associated Students encourages employees to improve their literacy skills, the Company will not reimburse employees for the costs incurred in attending a literacy program.

Time off to attend literacy programs may be provided as a reasonable accommodation unless doing so will result in an undue hardship. However, if time off is provided, the time off may be unpaid. If time off is unpaid, employees wishing to take such leave may utilize their existing vacation time or other accrued paid time off.

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Accommodation for Victims of Domestic Violence, Sexual Assault or Stalking Associated Students will make reasonable accommodations for any employee who reports that he or she is the victim of domestic violence, sexual assault or stalking and requests that the Company accommodate his or her safety while at work, unless providing the accommodation will impose an undue hardship on the company’s business operations or violates the company’s duty to provide a safe and healthy working environment for all employees.

Reasonable accommodations may include, but are not limited to: a transfer; reassignment; modified work schedule; change in work telephone number; change in work station; installed lock; assistance in documenting domestic violence, sexual assault or stalking that occurs at the workplace; safety procedures; or other adjustment to a job structure, workplace facility or work requirement in response to a domestic violence, sexual assault or stalking or referral to a victim assistance organization.

Employees may also be entitled to a leave of absence under the company’s Domestic Violence, Sexual Assault or Stalking Victim Leave policy and should consult that policy and/or Human Resources for additional information.

The Company may request that an employee provide a written statement signed by the employee (or an individual acting on behalf of the employee) certifying that the requested accommodation is for the employee’s safety while at work. The Company may also require an employee to provide a certification, such as police report, court order or documentation from a medical professional, that the employee is the victim of domestic violence, sexual assault or stalking and may request recertification every six months.

Employees must notify the Company if their needs change or if they no longer need an accommodation.

The Company will keep all information submitted in connection with an employee’s request for an accommodation confidential to the extent permissible by law. If the law requires disclosure of information, the Company will notify the employee before any information is released.

The Company will not discriminate, harass or retaliate against any employee because the individual is, or is perceived to be, a victim of domestic violence, sexual assault or stalking or requests a reasonable accommodation in accordance with this policy.

Employees who have questions about this policy or who wish to request a reasonable accommodation under this policy should contact their Human Resources representative.

Accommodation for Drug or Alcohol Treatment or Rehabilitation Associated Students will attempt to reasonably accommodate employees with chemical dependencies (drugs or alcohol), if they voluntarily wish to seek treatment and/or rehabilitation, unless the accommodation imposes an undue hardship on the Company’s business operations. The Company’s support for treatment and rehabilitation does not obligate the Company to hire or employ any person who violates the Company’s drug and alcohol abuse policy or who, because of current use of drugs or alcohol, is unable to perform his or her duties or cannot perform the duties in a manner that would not endanger his or her health or safety or the health or safety of others.

The Company will keep all information submitted in connection with an employee’s enrollment in a drug or alcohol rehabilitation program confidential to the extent permissible by law. Time off for these purposes is unpaid. However, employees wishing to take such leave may utilize their sick leave or accrued paid time off, if applicable.

Employees who have questions about this policy or who wish to request a reasonable accommodation under this policy should contact their Human Resources representative.

Associated Students I Employee Handbook

conflict of interest & confidential information  

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Conflict of Interest The California Education Code and the California Corporations Code include specific provisions which require Associated Students, SJSU to prevent potential conflicts of interest between Associated Students, SJSU, its employees, clients, and vendors. California Education Code, Section 89006, states: It is unlawful for any person to utilize any information, not a matter of public record, that is received by that person by reason of their employment by, or contractual relationship with, the trustees, the California State University, or any auxiliary organization of the California State University, for personal pecuniary gain, not contemplated by the terms of the employment or contract, regardless of whether the person is or is not so employed or under contract at the time the gain is realized.

Associated Students, SJSU has a long-standing policy to conduct all operations in an ethical manner and in compliance with all applicable laws and regulations. All Associated Students, SJSU employees are expected to act in accordance with this policy.

All employees must avoid situations where their loyalties may be divided between Associated Students, SJSU’s interests and those of themselves, a customer, and/or a vendor. Associated Students, SJSU employees must also avoid creating or engaging in an activity that even has the appearance of improper personal advantage or other conflict of interests. Therefore, no employee may have any outside interest, whether professional, personal, or economic which creates a conflict of interest with the best interests of Associated Students, SJSU. It is not feasible to describe every situation from which a conflict of interest may arise.

The following general guidelines illustrate conflict of interest situations.

• Interests in Other Business: Associated Students, SJSU employees and members of their family may not own a significant financial interest in the business of any supplier or vendor absent proper disclosure and approval.

• Employment: No Associated Students, SJSU employee should accept employment or any remuneration for a second job with a supplier or vendor absent proper disclosure and approval.

• The following types of additional outside employment are also prohibited absent proper disclosure and approval:

- Employment which conflicts with your work schedule, duties and responsibilities or creates an actual conflict of interest.

- Employment which impairs or has a detrimental effect on your work performance with Associated Students, SJSU. - Employment which requires you to conduct work or related activities during Associated Students, SJSU’s working hours or using Associated Students, SJSU’s facilities and/or equipment.

- Employment which directly or indirectly competes with the business or the interests of Associated Students, SJSU.

• Gratuities: Associated Students, SJSU employees and members of their family may not solicit any gift, payment, or other favor from any current or potential Associated Students, SJSU supplier or vendor.

You are expected to represent Associated Students, SJSU in a positive, ethical, and loyal manner. Any employee found to be in violation of the Associated Students, SJSU conflict of interest policy will be subject to discipline, up to and including termination of employment.

If you have any questions in regard to whether any actions may constitute a conflict of interest or violation of this policy, you should speak to your supervisor or to the Executive Director immediately.

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Associated Students I Employee Handbook

Confidential Information The protection of confidential and proprietary business information is vital to the interests and success of Associated Students. Confidential information is any and all information related to our business that is disclosed to or known by you because of employment with the company and is not generally known to people outside the company.

An employee who improperly uses or discloses confidential business information will be subject to disciplinary action up to and including termination of employment and legal action, even if he or she does not actually benefit from the disclosed information.

All inquiries from the media must be referred to the Executive Director.

This provision is not intended to, and should not be interpreted to, prohibit employees from discussing wages and other terms and conditions of employment if they so choose.

Associated Students I Employee Handbook

employment relationship

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Associated Students I Employee Handbook

Employment Classification In order to determine eligibility for benefits and overtime status and to ensure compliance with federal and state laws and regulations, Associated Students classifies its employees as shown below. Associated Students may review or change employee classifications at any time.

Exempt - Exempt employees are paid on a salaried basis and are not eligible to receive overtime pay.

Exempt employees are executives, managers, professional staff, technical staff, and others whose duties and responsibilities allow them to be “exempt” from overtime pay provisions as provided by the Federal Fair Labor Standards Act (FLSA) and any applicable state laws. If you are an exempt employee, you will be advised that you are in this classification at the time you are hired or experience a classification change (e.g., transfer, promotion, demotion).

Non-Exempt - Non-exempt employees may be paid hourly or by salary and are entitled to overtime pay for hours worked in excess of eight (8) hours per day and/or forty hours (40) per workweek.

If you are a non-exempt employee, you will be advised that you are in this classification at the time you are hired or experience a classification change (e.g., transfer, promotion, demotion).

Full-Time Staff - Employees who work thirty (30) hours or more per week. Generally, these employees are eligible for the full-time benefits package and are subject to the terms, conditions, and limitations of each benefits program.

Part-Time Staff - Employees who work up to a maximum of twenty-five (25) hours per week at any given time. Part-time staff employees are eligible for some of the benefits offered by the company and are subject to the terms, conditions, and limitations of each benefits program.

Part-Time Student Assistants - Employees who work up to a maximum of twenty (20) hours per week at any given time. Part-time student assistant employees are eligible for some of the benefits offered by the company and are subject to the terms, conditions, and limitations of each benefits program.

Employee Eligibility and Work Authorization Associated Students is committed to employing only individuals who are authorized to work in the United States and who comply with applicable immigration and employment law.

As a condition of employment, every individual must provide satisfactory evidence of his or her identity and legal authority to work in the United States within three business days of commencing employment. If the employee cannot verify his or her right to work in the United States within three business days of employment, the Company will be required to terminate his/her employment immediately.

Workweek, Hours of Work, and Business Hours The standard workweek is from Sunday 12:00 a.m. until Saturday 11:59 p.m. and generally consists of 40 work hours. Your work hours will be determined and scheduled by your supervisor or manager.

Associated Students’ general business hours are Monday-Friday, 8:00 a.m. to 5:00 p.m., however, business hours may vary for the Child Development Center and the Print & Technology Center.

Meal and Rest Periods Employees who work in excess of five (5) hours in a workday are provided with at least a 30-minute unpaid meal period that must begin before the start of the employee’s fifth hour of work. Employees that work in excess of five hours but less than six hours may waive their meal period by mutual consent of both the employee and their supervisor. To waive a meal period, please complete a Meal Period Waiver form and make the request with your supervisor. Employees who work in excess of ten (10) hours in a workday are eligible to receive a second meal period of no more than 30-minutes that begins at the start of their 10th hour. If a non-exempt employee is required to work through a meal period, he or she will be paid for the 30-minute period plus one additional hour of pay at the employee’s regular rate of pay

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Non-exempt employees must also take a fifteen-minute rest period for each four (4) hours of work or major portion of each four (4) hours as scheduled by their supervisor. Any rest period is considered time worked.

Whenever possible, rest periods should be taken near the middle of each four-hour work period. Employees may not accumulate rest periods or use rest periods as a basis for starting work late, leaving work early, or extending a meal period.

Your department manager or supervisor will schedule your meal and rest periods. You are expected to observe the time allowed for meal and rest periods. Employees may not work through their meal or rest periods in order to compensate for absence, tardiness, to leave work early, or for any other reason.

Recovery/Cool-Down Periods Associated Students permits employees who work outside to spend not fewer than five minutes in the shade to cool down when necessary to avoid heat illness, during which they are relieved of all duties. There is no set schedule for recovery/cool-down periods and there is no limit on how many recovery/cool-down periods employees may take when performing work outside. Any employee experiencing any signs or symptoms of heat illness must immediately contact his or her supervisor.

Time spent taking a recovery/cool-down period in compliance with this policy is considered “hours worked” and will be paid. Any nonexempt employee who is required to work through some or all of a cool-down period should complete a “California Cool-Down Premium Request Form” and submit it to his or her supervisor no later than the end of the pay period (Premium Request Forms are provided upon request). The Company will assume that any nonexempt employee who fails to record a missed cool-down period missed the cool-down period voluntarily.

Time Records Associated Students must maintain accurate time records and ensure that all employees are paid for all hours worked. In order to do so, all non-exempt employees are required to accurately record all hours worked during each workday on an electronic timecard in ADP Workforce Now. Student assistants with federal work study awards are required to accurately record all hours worked during each workday on an electronic timecard in both ADP Workforce Now and MySJSU. Exempt employees do not have to record daily and weekly hours worked. Exempt employees must record all time off for vacation, sick leave, personal day, jury duty and bereavement leave.

At no time may any employee perform off-the-clock work or otherwise alter, falsify or manipulate any aspect of their time-keeping records to inaccurately reflect or hide hours worked, meal periods taken or time spent working during meal periods. Under no circumstances may any employee punch or record another employee’s time card.

If there is an error on your timecard, you must correct your electronic timecard and/or notify your supervisor before the end of the pay period.

Discussion of Wages No employee is prohibited from disclosing the amount of his or her wages. The Company will not terminate, demote, suspend, or otherwise discriminate or retaliate against an employee who makes such a disclosure or because an employee exercises his or her rights, or aids or encourages other employees in exercising their rights, under California’s Equal Pay Law. This policy does not require disclosure of wages.

Personal Devices Although the Company permits employees to bring personal electronic devices, including cellular phones, smartphones and PDAs, into the workplace, employees are expected to remember that working time is for work.

Therefore, employees should only engage in personal phone calls and communications and other use of personal electronic devices during nonworking time, including breaks and meal periods. Outside of this time, personal phone calls and other personal device use should be kept to a minimum and for emergency use only.

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Overtime From time to time, it may be necessary for you to perform overtime work in order to complete a job on time. Overtime for non-exempt employees is actual work performed in excess of eight (8) hours in any work day or 40 hours in any workweek. All overtime must be approved by your supervisor. When it is necessary to work overtime, you are expected to cooperate as a condition of your employment.

Scheduled overtime work is usually announced in advance. If you need to be excused from performing scheduled overtime, please speak with your supervisor. He or she will consider your situation and the requirements of the department or operation in deciding whether you may be excused from performing the scheduled overtime.

If you are a non-exempt employee and you perform overtime work, you will be compensated for the overtime at not less than: 1. One and one-half (1-1/2) times your regular rate of pay for all hours worked in excess of eight (8) hours per workday or forty (40) hours per workweek, and for the first eight (8) hours worked on the seventh consecutive day of work in a workweek; and 2. Double your regular rate of pay for hours worked in excess of twelve (12) hours in any workday and for all hours worked in excess of eight (8) hours on the seventh consecutive day of work in a workweek.

If, during the workweek, you were away from the job because of a job-related injury, paid holiday, jury duty, vacation taken in single-day increments, or paid sick time, those hours not worked will not be counted as hours worked for the purpose of computing eligibility for overtime pay.

Reporting Time Pay Reporting time pay for hours in excess of the actual hours worked is not considered wages, and is not counted as hours worked for purposes of determining overtime. The specific requirements for reporting time pay are: • Each workday an employee is required to report to work, but is not put to work or is furnished with less than half of the employee’s usual or scheduled day’s work, the employee must be paid for half the usual or scheduled day’s work, but in no event for less than two hours nor more than four hours, at the employee’s regular rate of pay.

For example, if an employee is scheduled to report to work for an eight-hour shift and only works for one hour, the employer is nonetheless obligated to pay the employee four hours of pay at the employee’s regular rate of pay (one for the hour worked, and three as reporting time pay). Only the one-hour actually worked, however, counts as actual hours worked.

• If an employee is required to report to work a second time in any one workday and is furnished less than two hours of work on the second reporting, he or she must be paid for two hours at the employee’s regular rate of pay.

Exceptions to the requirement for reporting time pay found in IWC Orders 1-16, Section 5(C) are as follows: • When operations cannot begin or continue due to threats to employees or property, or when civil authorities recommend that work not begin or continue; or • When public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities, or sewer system; or • When the interruption of work is caused by an Act of God or other cause not within the employer’s control, for example, an earthquake.

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Additionally, employers are not obligated pay reporting time pay under the following circumstances: • If the employee is not fit to work.

• If the employee has not reported to work on time and is fired or sent home as a disciplinary action.

• The reporting time pay provisions do not apply to employees on paid standby status or when an employee has a regularly scheduled shift of less than two hours, such as a relief cashier who works only during a one-hour period in the middle of the day.

Deductions from Pay and Safe Harbor Associated Students is required by law to make certain deductions from your paycheck each time one is prepared. Among these are your federal, state and local income taxes and your contribution to Social Security as required by law. These deductions will be itemized on your check stub.

Any other mandatory deductions from your paycheck, such as court-ordered wage garnishments, will be explained whenever Associated Students is ordered to make such deductions.

When expressly authorized by the employee, Associated Students may also make deductions from a paycheck for insurance premiums, benefit plan contributions, or retirement plan contributions.

Associated Students does not make improper deductions from the salaries of exempt employees and complies with the salary basis requirements of the Fair Labor Standards Act (FLSA). Employees classified as exempt from the overtime pay requirements of the FLSA will be notified of this classification at the time of hire or change in position.

Permitted deductions - The FLSA limits the types of deductions that may be made from the pay of an exempt employee. Deductions that are permitted include: • Deductions that are required by law, e.g., income taxes.

• Deductions for employee benefits when authorized by the employee.

• Absence from work for one or more full days for personal reasons other than sickness or disability.

• Absence from work for one or more full days due to sickness or disability if the deduction is made in accordance with a bona fide plan, policy or practice of providing compensation for salary lost due to illness.

• Offset for amounts received as witness or jury fees, or for military pay; or • Unpaid disciplinary suspensions of one or more full days imposed in good faith for workplace conduct rule infractions.

During the week an exempt employee begins work for the company or during the last week of employment, the employee will only be paid for actual hours worked. In addition, an employee may be paid only for hours worked during a period when the employee is using unpaid leave under the Family and Medical Leave Act (FMLA).

Improper deductions- If an employee classified as exempt believes that an improper deduction has been taken from their pay, the employee should immediately report the deduction to the Human Resources department. The report will be promptly investigated and if it is found that an improper deduction has been made, the company will reimburse the employee for the improper deduction.

Pay Periods and Paychecks Associated Students has established semi-monthly pay periods and pay days. Wages earned between the 1st and 15th days of any calendar month are paid on the 20th day of each calendar month and wages earned between the 16th and the last day of the month are paid on the 5th day of the following calendar month. Slight modifications may be made whenever holidays or closures interfere with the payday and are listed in the Payroll Schedule in the forms library in ADP Workforce Now.

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Paychecks are available at the Cashier’s counter in the A.S. General Services Center after 12:00pm on pay days.

Associated Students also offers paycheck direct deposit for employees that voluntarily consent to the deposit of wages to a financial institution of the employee’s choosing. Employees can set-up, update, or stop direct deposit by using the self-service feature in ADP Workforce Now or by completing the Direct Deposit Authorization form available in Human Resources.

The amount of all deductions will be listed on the employee’s pay stub.

If any employee, exempt or nonexempt, has questions about deductions from his or her pay, believes he or she has been subjected to improper deductions, or believes that the amount paid does not accurately reflect the employee’s total hours worked or salary, please contact Human Resources, a supervisor or any other member of management.

The Company complies with all applicable laws, including the Fair Labor Standards Act, and will not allow any form of retaliation against individuals who make good faith reports of alleged violations of this policy, or who cooperate in an investigation by the Company, even if the reports do not reveal any errors or wrongdoing.

Personnel Files Employee files are maintained by the Human Resources department and are considered confidential. Managers and supervisors may only have access to personnel file information on a need-to-know basis. Current and former employees, or a representative, have a right to inspect and receive a copy of the personnel files and records that relate to the employee’s performance or to any grievance concerning the employee. Inspections will be allowed during regular business hours, but not later than 30 calendar days from the date Associated Students receives a written request. Personnel files may be reviewed in the Human Resources department and personnel files may not be taken outside the department. Representatives of government or law enforcement agencies, in the course of their duties, may be allowed access to file information.

You are required to keep your personnel file up-to-date. Insurance coverage or benefits that you and your family may receive under Associated Students’ benefits package could be negatively affected if your personnel file information is incorrect. Please notify Human Resources as soon as possible of changes to the following items: • Legal name • Home address • Home and/or mobile telephone number • Email address • Emergency contact information • Marital or dependent status • Beneficiary information • Driving records or status of driver’s license, if you operate any vehicles for Associated Students business; • Form W-4 or DE4 allowances, withholdings or exemption; and • Bank account changes that will affect your payroll direct deposit.

Employment of Relatives and Domestic Partners Associated Students may hire relatives and domestic partners if the persons concerned will not work in a direct supervisory relationship and the employment will not pose difficulties for supervision, security, safety, or morale. For the purposes of this policy, “relatives” are defined as spouses, children, siblings, parents, or grandparents. A “domestic partnership” is generally defined as a committed relationship between two individuals who are sharing a home or living arrangements.

Current employees who marry each other or become involved in a domestic partnership will be permitted to continue employment with Associated Students provided they don’t work in a direct supervisory relationship with each other or otherwise pose difficulties as mentioned above. If employees who marry or live together do work in a direct supervisory relationship

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with each other, Associated Students will attempt to reassign one of the employees to another position for which he or she is qualified if such a position is available. If no such position is available, the employees will be permitted to determine which one of them will resign from Associated Students.

Prohibition Against and Duty to Disclose Romantic Relationships Associated Students recognizes that employees may develop romantic or sexual relationships in the course of their employment. However, in an effort to prevent supervisory problems, favoritism, the possibility of compromising confidential information, morale problems, disputes or misunderstandings, and potential sexual harassment claims, supervisors are strongly discouraged from dating or engaging in romantic or sexual relationships with subordinate employees.

However, in the event such a relationship is undertaken, the parties are required to disclose to the Human Resources department that such a relationship exists. Based on the sole discretion of Associated Students, both parties may be given the opportunity to sign and acknowledgment that the relationship is voluntary and consensual. In that case, both parties will also be required to disclose to the Human Resources department when the relationship is no longer voluntary and consensual. In the event that such a relationship exists or existed, and such disclosures have not been made, the relationship will be presumed to have been voluntary and consensual. All employees acknowledge these requirements and the presumption by signing the Acknowledgment and Receipt of Employee Handbook. Coworkers are also discouraged from dating or pursuing romantic or sexual relationships with each other.

Associated Students, in its sole discretion, will determine whether any romantic or sexual relationship between a supervisor and a subordinate, or between co-workers, creates a conflict of interest or interferes with job performance and/or the business interests of Associated Students and will attempt to resolve the situation, including but not limited to, providing one of the employees with a transfer to another position for which he or she is qualified if it is possible and consistent with good business practices. However, Associated Students may take whatever steps will protect its business interests, including but not limited to, terminating the employees involved.

Background Checks and Investigations Associated Students must maintain a safe and productive workplace with honest, trustworthy, qualified, reliable and non-violent employees who do not present a risk of serious harm to their co-employees or others. Therefore, Associated Students may perform, or request that third parties perform, “background checks� or other types of investigations, as determined necessary.

Background checks and investigations performed for Associated Students may include the use of consumer reporting agencies, which may gather and report information to Associated Students in the form of consumer or investigative consumer reports. The types of reports that may be requested from consumer reporting agencies under this policy include, but are not limited to, criminal records checks, court records checks, driving records, and/or summaries of educational and employment records and histories. The information contained in these reports may be obtained by a consumer-reporting agency from private or public records sources or through personal interviews with your references, current or former employers, or other personal acquaintances.

Employees are expected to cooperate fully with this policy. Such cooperation includes, among other things, providing truthful and complete information on your employment application and in response to inquiries made by Associated Students or third party investigators during the course of investigations and to providing appropriate written authorizations that may be required by law so that Associated Students may obtain complete investigation reports.

Failure to cooperate in these respects, or any attempt to interfere with Associated Students’ implementation of this policy will result in discipline, up to and including termination from employment.

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Anniversary Date The first day you report to work is your “official” anniversary date. Your anniversary date is used to compute various benefits described in this handbook.

Driver’s License & Driving Record Employees whose work requires operation of a motor vehicle must present and maintain a valid driver’s license, proof of insurance and a driving record acceptable to our insurer. You will be asked to submit a copy of your driving record and proof of insurance to Associated Students from time to time. Any changes in your driving record must be reported to the Human Resources department immediately. Failure to do so may result in disciplinary action, up to and including termination of employment. Additionally, all Associated Students drivers must sign a “waiver and release of liability” statement prior to driving for Associated Students business. Compliance with the Associated Students Travel Policy is expected at all times.

Employees are strictly prohibited from using cellular phones while driving for work-related purposes or driving a company-owned vehicle. Employees should also be aware that driving while holding and operating a handheld wireless device is a violation of California law unless the device is specifically designed and configured to allow hands-free operation and is used in that manner while driving.

Health Examinations Associated Students reserves the right to require an employee to participate in a health examination to determine the employee’s ability to perform their essential job functions.

Job Descriptions To ensure that the basic and essential duties and requirements of all jobs are detailed, Associated Students has prepared and maintains accurate, up-to-date job descriptions for all positions in the company. When your duties and responsibilities change, your job description will be reviewed and updated. You are responsible for understanding and fulfilling the duties and responsibilities as defined in your job description. A copy of your job description can be obtained from your supervisor or Human Resources.

Career Advancement It is our policy to advise all employees about advancement opportunities. Whenever a position becomes available, every effort will be made to fill it by promoting a qualified employee. However, Associated Students will hire the best-qualified candidate for any job, whether that candidate is from within or outside the organization.

Fraud Prevention & Whistleblower Protection To support the Associated Students’ goal of legal compliance and transparency in all phases of its operations and activities, we encourage and enable employees to raise issues and concerns in a productive and constructive manner, using internal redress mechanisms, to increase transparency and provide timely opportunity to learn of and address allegations of unlawful or unethical practices directly from employees.

If any employee reasonably believes that a policy, practice, process, or activity of Associated Students is in violation of a law, a rule, a regulation mandated pursuant to law, or is in violation of a clear mandate or public policy concerning the health, safety, welfare, protection of the environment, or is unethical, the employee should report the activity immediately to the Associated Students Human Resources department, who will initiate a timely, thorough, and objective investigation. Reports should be in writing with as much detail as possible. Oral and anonymous reports will also be accepted and investigated.

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If an employee elects not to report suspected unlawful activity as defined above to the Associated Students Human Resources department, the employee may contact the SJSU appointed Campus Administrator (as shown below), the California State Auditor Hotline at (800) 952-5665 and/or the California Office of the Attorney General’s Whistleblower hotline at (800) 952-5225. The Attorney General shall refer calls received on the whistleblower hotline to the appropriate governmental authority for review and possible investigation.

Whistleblowers are protected by the Whistleblower Protection Act, which protects whistleblowers who work for the government and report agency misconduct. If you believe that you have been retaliated against for disclosing an improper governmental activity, you should report this immediately to one of the following agencies: Vice Chancellor of Human Resources 401 Golden Shore Long Beach, CA 90802 Julie Paisant SJSU Campus Administrator San José State University Julie.Paisant@sjsu.edu (408) 924-2255 Separation from Employment In all cases of voluntary resignation, employees should complete the Voluntary Resignation Notice form and give it to their supervisor at least two weeks in advance of the last day of work. The Voluntary Resignation Notice is located in the forms section of ADP Workforce Now. In most cases, Human Resources will schedule an exit meeting on the last day of employment to collect all company property, review final pay and benefits, and complete an exit interview.

When applicable, information regarding benefits continuation through the Consolidated Omnibus Budget Reconciliation Act (COBRA) will be mailed to the employee’s home address.

Employment Verification Upon request, Associated Students will verify the dates of employment and last position held for all current and past employees.

As an employee, do not under any circumstances respond to any requests for information regarding another employee unless it is part of your assigned job responsibilities. If it is not, and you receive a request for an employment verification or reference, you must forward the request to the Human Resources department.

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workplace safety

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Commitment to Safety Protecting the safety of our employees, students, customers, and visitors is one of the most important aspects of running our business. To achieve a safe work environment, Associated Students maintains and requires all employees to comply with our written Injury and Illness Prevention Program (IIPP). The IIPP contains our safety policy, as well as information regarding:

• Employee responsibilities • The general code of safe practices • Communication expectations • Hazard assessment and correction • Hazard Communication and Bloodborne Pathogens programs • Emergency Action Plans • Incident/injury reporting and investigations • Safety training; and, • Record keeping requirements

The IIPP is reviewed with employees during new hire orientation and whenever there are updates to the program. The IIPP is also accessible and available to all employees in the forms library in ADP Workforce Now. Reporting Injuries and Illnesses The California State Workers’ Compensation Act and Occupational Safety Health Act (OSHA) require that you report any work-related injury or illness, no matter how slight. If you hurt yourself or become ill, please contact your manager for assistance. If you fail to report an injury or illness, you may jeopardize your right to collect workers’ compensation payments as well as health benefits. Should you have any questions or concerns, contact the Human Resources department for more information.

Zero Tolerance Policy for Workplace Violence Associated Students recognizes that violence in the workplace is a growing nationwide problem necessitating a firm, considered response by employers. The costs of workplace violence are great, both in human and financial terms. Therefore, Associated Students has adopted this zero tolerance for workplace violence policy.

The safety and security of Associated Students employees is of vital importance. Acts or threats of physical violence, including intimidation, harassment and/or coercion, which involve or affect Associated Students or its employees or which occur on Associated Students property or during work hours will not be tolerated.

This prohibition against threats and acts of violence applies to all persons involved in he operation of Associated Students, including, but not limited to, Associated Students personnel, contract and temporary workers and anyone else on Associated Students property.

Violations of this policy, by any individual on Associated Students property, by any individual acting as a representative of Associated Students while off Associated Students property or by any individual acting off Associated Students property when the employee’s actions affect the business interests of Associated Students, will lead to disciplinary and/or legal action as appropriate.

Workplace Violence Definitions - Workplace violence is any intentional conduct which is sufficiently severe, offensive or intimidating to cause an individual to reasonably fear for their personal safety or the safety of their family, friends and/or property such that employment conditions are altered or a hostile, abusive or intimidating work environment is created for one or more Associated Students employees.

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Examples of workplace violence include, but are not limited to, the following: • Threats or acts of violence occurring on Associated Students premises, regardless of the relationship between Associated Students and the parties involved in the incident.

• Threats or acts of violence occurring off Associated Students premises involving someone who is acting in the capacity of a representative of Associated Students.

• Threats or acts of violence occurring off Associated Students premises involving an employee of Associated Students if the threats or acts affect the business interests of Associated Students.

• Threats or acts of violence occurring off Associated Students premises of which an employee of Associated Students is a victim if Associated Students determines that the incident may lead to an incident of violence on Associated Students premises.

• Threats or acts resulting in the conviction of an employee or agent of Associated Students, or of an individual performing services for Associated Students on a contract or temporary basis, under any criminal code provision relating to violence or threats of violence which adversely affect the legitimate business interests of Associated Students.

Specific examples of conduct which may be considered threats or acts of violence under this policy include, but are not limited to the following: • Threatening physical or aggressive contact directed toward another individual.

• Threatening an individual or the individual’s family, friends, associates or property with physical harm.

• The intentional destruction or threat of destruction of Associated Students or another’s property.

• Harassing or threatening phone calls.

• Surveillance.

• Stalking.

• Veiled threats of physical harm or intimidation.

Workplace violence does not refer to occasional comments of a socially acceptable nature.

Such comments may include references to legitimate sporting activities, popular entertainment or current events. Rather, it refers to behavior that is personally offensive, threatening or intimidating.

Enforcement - Any person who engages in a threat or violent action on Associated Students property may be removed from the premises as quickly as safety permits and may be required, at Associated Students’ discretion, to remain off Associated Students premises pending the outcome of an investigation into the incident.

When threats are made or acts of violence are committed by an Associated Students employee, a judgment will be made by Associated Students as to what actions are appropriate, including possible medical evaluation and/or possible disciplinary action.

Once a threat has been substantiated, it is Associated Students’ policy to put the threat maker on notice that they will be held accountable for their actions and then follow through with the implementation of a decisive and appropriate response.

Under this Associated Students policy, decisions may be needed to prevent a threat from being carried out, a violent act from occurring or a life-threatening situation from developing.

No existing Associated Students policy or procedure should be interpreted in a manner that prevents the above from occurring.

Temporary and Permanent Restraining Orders - Any employee who applies and/or obtains a temporary/permanent protective restraining order, which lists any Associated Students ocation as a protected area, must provide a copy of the order or the petition/declarations used to apply for the order to the SJSU Police Department (UPD) and the Associated Students Human Resources department. Such information will be kept confidential to the extent possible without compromising the safety and security of Associated Students employees and Associated Students.

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Important Note: Associated Students will make the sole determination of whether, and to what extent, threats or acts of violence will be acted upon by Associated Students. In making this determination, Associated Students may undertake a case-by-case analysis in order to ascertain whether there is a reasonable basis to believe that workplace violence has occurred.

No provision of this policy shall alter the at-will nature of employment at Associated Students.

Drug-Free and Alcohol-Free Workplace Associated Students is concerned about the use of alcohol, illegal drugs or controlled substances as it affects the work place and working time. Use of these substances whether on or off the job can adversely affect an employee’s work performance, efficiency, safety and health and therefore seriously impair the employee’s value to Associated Students. In addition, the use or possession of these substances on the job constitutes a potential danger to the welfare and safety of other employees and exposes Associated Students to the risks of property loss or damage or injury to other persons.

The following rules and standards of conduct apply to all employees either on Associated Students property or during the workday (including meals and rest periods).

The following are strictly prohibited by Associated Students: 1. Possession, use, or being under the influence of alcohol or an illegal drug or controlled substance while on the job.

2. Driving an Associated Students vehicle or your own vehicle for an Associated Students-related purpose while under the influence of alcohol or an illegal drug or controlled substance.

3. Distribution, sale or purchase of or offer to sell or purchase an illegal drug or controlled substance while on the job.

Violation of the above rules and standards of conduct will not be tolerated and will be grounds for disciplinary action up to and including termination of employment.

Associated Students may also bring the matter to the attention of appropriate law enforcement authorities.

In order to enforce this policy, Associated Students reserves the right to conduct searches of Associated Students property and to implement other measures necessary to deter and detect abuse of this policy.

An employee’s conviction on a charge of illegal sale or possession of any drug or controlled substance while off Associated Students property will not be tolerated because such conduct, even though off duty, reflects adversely on Associated Students. In addition to reflecting adversely on Associated Students, Associated Students must keep people who sell controlled substances off Associated Students premises in order to keep illegal drugs and controlled substances off the premises.

Associated Students recognizes that many employees use prescription and over-thecounter medications. Medications brought to the workplace should be carried in their original containers.

This policy does not prohibit employees from the lawful use and possession of prescription or over-the-counter medications. However, an employee taking medication should consult with a health care professional or review dosing directions for information about the medication’s effect on the employee’s ability to work safely, and promptly disclose any work restrictions to their supervisor and Human Resources Department. Associated Students reserves the right to transfer, reassign, and/or place on leave of absence any employee, or to take other appropriate action, during the time the employee uses medication that may affect the employee’s ability to perform safely.

Marijuana remains illegal as a matter of federal law and, therefore, its use or possession violates this policy. Associated Students will endeavor to accommodate individuals with disabilities but will not accommodate the use of medical marijuana at work or excuse other policy violations related to medical marijuana.

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Associated Students will encourage and assist employees with alcohol or drug dependency to seek treatment and/or rehabilitation. Employees desiring such assistance should request a treatment or rehabilitation leave. Associated Students’ support for treatment and rehabilitation does not obligate Associated Students to employ any person whose job performance is impaired because of drug or alcohol use, nor is Associated Students obligated to reemploy any person who has participated in treatment and/or rehabilitation if that person’s job performance remains impaired as a result of dependency. Additionally, employees who are given the opportunity to seek treatment and/or rehabilitation, fail to successfully overcome their dependency or problem, and are involved in a second violation of this policy, will not be given a second opportunity to seek treatment and/or rehabilitation, unless mandated by law. This policy does not affect the Associated Students’ treatment of employees who violate the rules and standards of conduct described above. Rather, rehabilitation is an option for employees who come forward and acknowledge a chemical dependency and voluntarily seek treatment to end that dependency before they violate the above rules and standards of conduct.

Smoking and Tobacco-Free Workplace Associated Students is committed to promoting a healthy working environment.

In accordance with San Jose State University Presidential Directive 2014-01, Associated Students prohibits smoking or the use of any tobacco products in all indoor and outdoor areas on campus, including vehicles and parking lots. Tobacco products include cigarettes, hookah, chewing tobacco, smokeless tobacco, vape pens and e-cigarettes.

Security Maintaining the security of Associated Students’ buildings or offices is every employee’s responsibility.

• Always keep cash properly secured. If you are aware that cash is insecurely stored, immediately inform the person responsible.

• Know the location of all alarms and familiarize yourself with the proper procedure for using them should the need arise.

• When you leave Associated Students’ premises make sure that all doors are properly locked and secured.

Alert SJSU – Emergency Notification System San José State University is committed to providing a safe environment for the campus community, which includes students, faculty, staff and guests. To support this goal, SJSU has created a campus emergency notification system known as Alert SJSU. The purpose of this system is to quickly disseminate emergency information to the campus community during critical incidents.

The University Police Department is the main entity responsible for the initial activation of the emergency notification system. The Chief of the San Jose State University Police Department authorizes the use of the Alert SJSU system and approves the content of the message. It is the responsibility of the University Police Operations’ Bureau Commander to initiate activation of the system.

Alert SJSU consists of indoor speaker phones, located in SJSU offices, SJSU classrooms, the Martin Luther King Library and SJSU parking garages, and a personal notification system.

The personal notification system utilizes telephone voice, text and email messages.

Alert SJSU is the University’s system for alerting students, staff and faculty in the event of an emergency that threatens the health and safety of the campus community. Emergency information and instructions will be sent utilizing one or more of the components of the Alert SJSU system.

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The information disseminated via Alert SJSU will describe the emergency and may caution you to avoid certain areas of the campus, let you know if classes are cancelled due to an emergency, or provide vital information on what actions you need to take if you are on campus during such a situation.

Alert SJSU is an “opt out” program for students. All students are automatically enrolled in Alert SJSU utilizing contact information that was provided by the students. Staff must choose to enroll through their MY SJSU account and Associated Students strongly encourages all staff to enroll in Alert SJSU. Staff and student employees are also encouraged to periodically review and update contact information by logging in to “My SJSU” and clicking on the Alert SJSU tab.

Please remember that although the personal notification portion of the Alert SJSU system consists of voice, text and email options, it is important to sign up for all three notification methods. Text messaging allows for the use of a limited number of characters and, depending upon the cell phone carrier, message delivery may be delayed.

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workplace policies & guidelines

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Attendance All employees are expected to arrive on time, ready to work, every day they are scheduled to work.

If you are unable to arrive at work on time, or will be absent for the entire day, you must contact your supervisor as soon as possible. Voice mail, email, text messages, and other forms of electronic communication or notifying a coworker are not acceptable. If you are unable to contact your supervisor because of emergency circumstances, please have someone call on your behalf. If your supervisor is not available when you call, you may leave the information with the Human Resources department.

In general, five (5) unexcused absences in a 90-day period, or a consistent pattern of unexcused absence, will be considered excessive. Tardiness or leaving early is as detrimental to Associated Students as an absence. Three (3) such incidents in a 90-day period will be considered a “tardiness pattern” and will carry the same weight as an absence. Excessive absences, tardiness, or leaving early without prior supervisor approval may result in progressive disciplinary action, up to and including termination of employment.

The Company will not subject employees to disciplinary action or retaliation for an absence, tardiness or early departure for which discipline may not be imposed under applicable law.

If the employee believes that his or her absence, tardiness or early departure is (or should be) excused pursuant to applicable law, the employee should notify his or her manager of this fact as soon as possible, but no later than at the time of the absence, tardiness or early departure. (For the required timing of an employee’s notice of the need for a foreseeable leave of absence, see the applicable leave policy). If an employee believes he or she has been mistakenly subject to disciplinary action for an absence, tardiness or early departure that the employee believes is or should be excused/approved, the employee should promptly discuss the matter with his or her manager or Human Resources. The Company will investigate the situation and any errors will be corrected.

Unexcused absence from work for three (3) consecutive days without notifying your supervisor or the Human Resources department will be considered a voluntary resignation.

If you are absent because of illness for three (3) or more successive days, you must obtain and submit written documentation from your doctor to your supervisor that you are able to return to work.

Your attendance record will be considered when evaluating your performance, requests for promotions, transfers, leaves of absence, approved time off, and eligibility for layoff.

Scheduling for Part-Time Employees In accordance with the San Jose Opportunity to Work Ordinance, the Company adopts the following policies and practices: Before hiring new employees or using subcontractors, temporary services or a staffing agency to do work, the Company will offer additional hours of work to existing part-time employees, provided that: • The Company determines in its good faith and reasonable judgment that the part-time employees have the skills and experience to perform the additional work; • The additional hours of work would not cause the Company to have to compensate the employee at time-and-a-half or any other premium rate under any law or collective bargaining agreement.

For purposes of this policy, part-time employees are defined as non-exempt employees working less than 35 hours per week who (1) performed at least two hours of work for the Company in the last calendar week and within the geographic boundaries of San Jose, and (2) are entitled to payment of the minimum wage under California law. The Company will use a transparent and nondiscriminatory process to distribute hours of work among existing employees.

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The Company will not terminate, threaten to terminate, demote, suspend, harass, discriminate or otherwise take adverse action against an employee in retaliation for exercising rights protected under the San Jose Opportunity to Work Ordinance, nor will the Company tolerate such retaliation.

Day of Rest In each workweek, Associated Students will provide employees with at least one day of rest for every seven days within the workweek unless their total hours worked are 30 hours or less in the workweek and six hours or fewer every day of the workweek. If the nature of the employee’s work reasonably requires that the employee work seven or more consecutive days, the day of rest requirement may be met by providing an average of one day’s rest for every seven days on a monthly basis (e.g., four days of rest per calendar month). An employee may also independently and voluntarily choose and confirm in writing not to take a day of rest. Day of Rest Confirmation Forms are available from Human Resources.

This policy does not apply in cases of emergency or to work performed in the protection of life or property from loss or destruction.

The Company will reasonably accommodate the observance of a Sabbath or other religious holy day by employees, unless doing so would result in undue hardship to the conduct of Company business.

Employees will be paid for all hours worked in compliance with federal, state and local law.

Job Performance Communication between employees and supervisors or managers is very important.

Discussions regarding job performance are ongoing and often occur during one-on-one meetings or informal conversations. Employees should initiate conversations with their supervisors if they feel additional ongoing feedback is needed.

Generally, full-time and part-time staff performance reviews are conducted annually during the month of June. Student Assistant performance reviews are conducted during the month of the annual anniversary date. These reviews include a written performance appraisal and discussion between the employee and the supervisor about job performance and expectations for the coming year.

Workplace Attire and Grooming Employees are representatives of Associated Students at SJSU in the eyes of the public, so it is important that they report to work properly groomed and wearing appropriate dress. Personal cleanliness and neatness in appearance are high priorities in all areas of employment and employees should recognize the impact of appropriate dress and hygiene. Thursdays are Spartan Pride Day, employees are encouraged to wear blue and gold, SJSU attire or an A.S. shirt. All employees are expected to wear their name badge daily.

Standards of workplace attire may vary by Department. These variations are at the discretion of the Manager and/or the Executive Director.

Full-time, part-time and temporary staff employees are expected to adhere to business dress standards. Acceptable attire for all gender expressions include: pant suit, dress suit, business dress, skirt, dressy capris, pants, collared shirt, dress blouse or polo shirt.

Student assistant employees will wear the following A.S. uniform: • Uniform shirt provided to employees (no modifications of shirt allowed) • Pants, skirts, shorts, opaque solid leggings • Shoes that are appropriate for the nature of your position All student assistant employees will be provided with three (3) shirts. Student assistant employees are expected to take care of their uniform and report loss, wear or damage to their supervisor as soon as possible to ensure timely replacement. The replacement of lost or damaged shirts may be at the student assistant’s expense.

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At minimum, the following attire is prohibited for all employees: • Clothing that is extremely dirty, torn, frayed, disheveled, or wrinkled.

• Clothing that contains images or language that are harassing, offensive and/or promote violence or illegal activities.

• Clothing that is sheer, inappropriately tight for the workplace, or that exposes the back, chest, stomach, upper thighs or undergarments.

• Hats, caps, sweatbands, sunglasses, and other head coverings are not permitted indoors (unless they are related to religious beliefs).

• Skirts, skorts, and shorts that are shorter than the tip of the longest finger of each hand when standing.

• Flip-flops and house shoes (slippers).

Consequences for not adhering to workplace attire: 1st - verbal warning and review of dress code with supervisor 2nd - written reprimand and review of dress code with supervisor 3rd - clock out and sent home for that shift - review of dress code with supervisor 4th – termination Solicitation Employees should be able to work in an environment that is free from unnecessary annoyances and interference with their work. In order to protect our employees and visitors, solicitation by employees is strictly prohibited while either the employee being solicited or the employee doing the soliciting is on “working time.” “Working time” is defined as time during which an employee is not at a meal, on break, or on the premises immediately before or after the employee’s shift.

Employees are also prohibited from distributing written materials, handbills, or any other type of literature on working time and, at all times, in “working areas,” which includes all office areas. “Working areas” do not include break rooms, parking lots, or common areas shared by employees during nonworking time.

Nonemployees may not trespass or solicit or distribute materials anywhere on Associated Students’ property at any time.

Computers, Internet, Email, and Other Resources Associated Students encourages the use of the Internet and e-mail as a means to make business and communication more effective. However, Internet service and e-mail are valuable and costly corporate resources and their purpose is to facilitate the business of the organization. Irresponsible use of these resources reduces their availability for critical business operations, compromises corporate security and network integrity, and leaves the organization open to potentially damaging litigation.

Associated Students reserves the right to monitor employee use of the organization’s computer systems at any time. Thus, employees should not consider their Internet usage, email communications, or other use of the company’s computer system to be private. The purpose of this is simply to enable us to manage our Internet and e-mail resources in a cost effective and efficient manner, and to plan more efficiently for future technology expansion.

Additionally, because of the vulnerability companies have to litigation over inappropriate conduct in the workplace environment, it is our responsibility to ensure that organization resources are not being used to support inappropriate activities.

To ensure that all employees understand their responsibilities, the following guidelines and the CSU Responsible Use Policy have been established for using organization e-mail and Internet access. Any improper usage of the Internet or e mail jeopardizes the organization’s legal standing and therefore will not be tolerated. Appropriate disciplinary actions in accordance with this handbook will be used in regards to the enforcement of this policy.

Acceptable uses of organization e-mail and Internet access - The organization provides Internet and e-mail access for business usage. Every employee has the responsibility to use organization e-mail and access to the Internet in a responsible and productive manner.

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The organization recognizes that there will be occasional personal use on lunch breaks and during non working hours (with the approval of management), but this shall not be excessive or unreasonable.

Unacceptable uses of organization e-mail and Internet access - The organization e-mail and Internet access shall not be used for transmitting, retrieving or storage of any communications of a discriminatory or harassing nature or materials that are obscene or “X-rated”. Harassment of any kind is prohibited. No messages with derogatory or inflammatory remarks about an individual’s race, age, disability, religion, national origin, physical attributes or sexual preference shall be transmitted. No excessively abusive, profane or offensive language is to be transmitted through the organization’s e-mail or Internet system. Electronic media shall also not be used for any other purpose that is illegal or against organization policy. Solicitation of non organization business, or any use of the organization e-mail or Internet for personal gain, is prohibited.

Communications - Each employee is responsible for the content of all text, audio or images that they place or send over the organization’s e-mail and Internet. No e-mail or other electronic communications will be sent that hides the identity of the sender or represents the sender as someone else or someone from another organization. All messages communicated on the organization’s e-mail and Internet system should contain the employee’s name, title, and phone number in addition to the appropriate message.

Any messages or information sent by an employee to another individual outside of the organization via an electronic network (e.g., message board, online service or Internet) are statements that reflect on the organization. While some users include personal “disclaimers” in electronic messages, there is still a connection to the organization, and the statements may legally be tied to the organization. Therefore, we require that all communications sent by employees via the organization’s e-mail and Internet system comply with all organization policies and not disclose any confidential or proprietary organization information.

Software - To prevent computer viruses from being transmitted through the organization’s e-mail and Internet system, there will be no unauthorized downloading of any unauthorized software. All software downloaded must be registered to the organization. Employees should contact IT if they have any questions.

Copyright Issues - Employees on the A.S. e-mail and Internet system shall not transmit copyrighted materials belonging to entities other than this organization Please note that non-adherence to this policy puts the organization in serious legal jeopardy and opens the organization up to significant lawsuits and public embarrassment. All employees obtaining access to other companies’ or individuals’ materials must respect all copyrights and will not copy, retrieve, modify or forward copyrighted materials, except with permission. Failure to observe copyright or license agreements will result in disciplinary action up to and including termination. If you have questions about any of these legal issues, please speak with your manager or IT before proceeding.

Security - The organization routinely monitors usage patterns in its e-mail and Internet communications. The reasons for this monitoring are many, including cost analysis, security, bandwidth allocation and the general management of the organization’s gateway to the Internet. All messages created, sent, or retrieved over the A.S. e-mail and Internet are the properties of the organization and should be considered public information. A.S. reserves the right to access and monitor the content of all messages and files on the organization’s e-mail and Internet system at any time in the future with or without notice. Employees should not assume electronic communications are totally private and should transmit highly confidential data in other ways. E-mail messages regarding sensitive matters should warn that such communications are not intended to be secure or confidential. This is just good business sense.

Prohibited uses of company computer system- Inappropriate Internet use includes:

• Transmitting obscene, harassing, or offensive messages • Accessing any site that is sexually or racially offensive, or discriminatory • Displaying, downloading, storing, or distribution any sexually explicit material

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• Transmitting any of the Associated Students, SJSU confidential or proprietary information • Representing your own opinions or personal views on the Internet in a way that indicates they are those of the company • Frivolous use that wastes computer resources or unfairly monopolizes computer resources. Such acts include: sending mass mailings or chain letters, spending excessive non work related time on the Internet, playing games, engaging in online chat groups, uploading or downloading large files or otherwise creating unnecessary loads on the network traffic associated with non-business-related uses of the Internet.

Off duty and/or off-site computer use- Inappropriate Internet use, regardless of whether the employee is on or off duty or working from a non-company computer includes: • Transmitting any of the Associated Students, SJSU confidential or proprietary information • Expressing opinions or personal views on the Internet as being those of the company Violations - Any employee who abuses the privilege of organization facilitated access to e-mail or the Internet will be subject to disciplinary action up to and including termination.

If necessary, the organization also reserves the right to advise appropriate legal officials of any illegal violations.

Social Media and Acceptable Use At Associated Students, we understand that social media can be a fun and rewarding way to share your life and opinions with family, friends and co-workers around the world. However, use of social media also presents certain risks and carries with it certain responsibilities. To assist you in making responsible decisions and meeting Associated Students’ expectations 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 Associated Students.

Guidelines - In the rapidly expanding world of electronic communication, social media can mean many things. Social media includes all means of communicating or posting information or content of any sort on the Internet, including to your own or someone else’s web log or blog, journal or diary, personal web site, social networking or affinity web site, web bulletin board or a chat room, whether or not associated or affiliated with Associated Students, as well as any other form of electronic communication. Ultimately, you are solely responsible for what you post online, or transmit by email, text, Twitter, or any other form of electronic communication. Before creating online content, consider some of the risks and rewards that are involved.

Know the rules - Carefully read these guidelines along with the Discrimination & Harassment Prevention policies, to ensure your postings are consistent with these policies. Inappropriate postings that may include offensive or discriminatory remarks, harassment, workplace bullying or 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 of employment.

Be respectful - Keep in mind that you are more likely to resolve work-related complaints by speaking directly with your co-workers or by utilizing our Open Door Policy than by posting complaints to a social media outlet. Nevertheless, if you decide to post complaints or criticism, do not use statements, photographs, video or audio that reasonably could be viewed as malicious, obscene, threatening or intimidating, or that might constitute harassment or bullying. Examples of such conduct might include offensive posts could create a hostile work environment on the basis of race, sex, disability, religion, gender, gender identity, sexual orientation or any other status protected by law.

Be honest and accurate - Never post any information or rumors that you know or believe to be false.

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Post only appropriate and respectful content • Maintain the confidentiality of Associated Students confidential business information.

Do not post internal reports, policies, procedures or other internal business-related confidential communications.

• Never represent yourself as a spokesperson for Associated Students.

Using social media at work - You should not use social media while on work time or on equipment we provide, unless it is work-related as authorized by your supervisor. Do not use Associated Students email addresses to register on social networks, blogs or other online tools utilized for personal use. Be aware that accessing unauthorized internet sites may expose Associated Students’ equipment, email addresses, or campus servers to malicious viruses, malware or security breaches.

Retaliation is prohibited - Associated Students prohibits retaliation against any employee for reporting a possible violation of this policy or for cooperating in an investigation. Any employee who retaliates against another employee for reporting a possible violation or for cooperating in an investigation will be subject to disciplinary action, up to and including termination of employment.

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

Note: Nothing in this policy is meant to, nor should it be interpreted to, in any way limit your rights under any applicable federal, state, or local laws, including your rights under the National Labor Relations Act to engage in protected concerted activities with other employees to improve or discuss terms and conditions of employment, such as wages, working conditions, and benefits.

Media Contacts Employees should not speak to the media on behalf of Associated Students without prior authorization from the Executive Director or Associate Executive Director. All media inquiries should be directed to the Executive Director or Associate Executive Director.

Off Duty Conduct While Associated Students does not seek to interfere with the off-duty and personal conduct of its employees, certain types of off-duty conduct may interfere with Associated Students’ legitimate business interests or good image in the community. Therefore, employees are expected to conduct their personal affairs in a manner which does not adversely affect Associated Students’ integrity, reputation or credibility. Illegal off-duty conduct on the part of an employee which adversely affects Associated Students’ legitimate business interests or the employee’s ability to perform their job will not be tolerated.

Progressive Disciplinary Action Associated Students expects employees to comply with Associated Students’ standards of behavior and performance and to correct any noncompliance with these standards.

Under normal circumstances, Associated Students endorses a policy of progressive discipline in which it attempts to provide employees with notice of deficiencies and an opportunity to improve. It does, however, retain the right to administer discipline in any manner it sees fit.

This policy does not modify the status of employees as employees-at-will or in any way restrict Associated Students’ right to bypass the disciplinary procedures suggested.

The following steps are suggested in the discipline procedure. All steps should be documented in the employee’s personnel file.

Step 1: Informal Discussion. When a performance problem is first identified, the nature of the problem and the action necessary to correct it should be thoroughly discussed with the employee.

Step 2: Coaching Conversation. If a private informal discussion with the employee has not resulted in corrective action, following a thorough investigation, the supervisor should meet with the employee in private and (a) review the problem, (b) permit the employee to present their views on the problem, (c) advise the employee that the problem must be corrected,

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(d) provide a verbal warning and inform the employee that failure to correct the problem will result in progressive disciplinary action up to and including termination of employment, and (e) document the coaching conversation in an employee coaching diary retained confidentially by the supervisor.

Step 3: Written Warning. If satisfactory performance and corrective action are not achieved under Steps l and 2, the supervisor should meet with the employee in private and proceed via (a) through (d) above, and issue a written warning to the employee.

Step 4: Suspension. Supervisors have the authority to temporarily remove employees from the workplace, with or without pay, if approved in advance by the Executive Director and the Human Resources manager. An exempt employee generally may not be suspended without pay for less than a full day, and the suspension must be related to written workplace conduct rules applicable to all employees (e.g., such as a written policy prohibiting sexual harassment or workplace violence).

Step 5: Failure to improve. Failure to improve performance or behavior after the written warning or suspension may result in termination of employment.

The progressive disciplinary action procedures described above also may be applied to an employee who is experiencing a series of unrelated problems involving job performance or behavior.

In cases involving serious misconduct, or any time the supervisor determines it is necessary, such as a major breach of policy or violation of law, the procedures contained above may be disregarded. Typically, the supervisor should suspend the employee immediately (with or without pay) and an investigation of the incidents leading up to the suspension should be conducted to determine if any further action, such as termination of employment, should be taken.

Personal Phone Calls and Mail You are permitted to make limited local area calls on Associated Students telephones for essential personal business during rest or meal periods only. Please do not abuse this privilege. Emergency calls regarding illness or injury to family members, changed family plans, or calls for similar reasons may be made at any time. Incoming urgent calls will be directed to you.

You may not use Associated Students as a personal mailing address and you may not utilize campus mail services for personal use.

Associated Students Property and Equipment Associated Students property or equipment may be issued to you, such as laptops, phones, keys, access and/or Tower cards, tools, uniforms, etc. Any property or equipment issued to you must be returned to Associated Students at the time of your resignation and exit interview or termination of employment.

It is your responsibility to understand the equipment you need to use to perform your duties. Good care of any equipment that you use during the course of your employment, as well as the conservative use of supplies, will benefit you and Associated Students. If you find that any equipment is not working properly or in any way appears unsafe, please notify your supervisor immediately so that repairs or adjustments may be made. Under no circumstances should you start or operate any equipment you feel is unsafe, nor should you adjust, modify, or remove any safeguards.

Customer Service The success of Associated Students depends upon the quality of the relationships between Associated Students, our employees, the students, faculty and staff, our suppliers and the general public. San JosÊ State University and the community’s impression of Associated Students and their interest and willingness to use our services are greatly formed by the people who serve them. Regardless of your position, you are Associated Students ambassadors.

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Here are several things you can do to help give students a good impression of Associated Students: • Act competently and work with students in a courteous and respectful manner.

• Communicate pleasantly and respectfully at all times.

• Follow up on inquiries or requests promptly, provide businesslike replies, and perform all duties in an orderly manner. Under promise and over deliver at all times.

• Take great pride in your work and enjoy doing your very best.

Pets and Service Animals Associated Students prohibits bringing a pet (a domestic animal kept for pleasure or companionship) to work, with the exception of service animals for a person with disabilities.

Service Animals - According to the Americans with Disabilities Act (ADA), a service animal is defined as “any animal individually trained to work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals to an impending seizure or protecting individuals during one, and alerting individuals who are hearing impaired to intruders, or pulling a wheelchair and fetching dropped items.”

A person with a disability uses a service animal as an auxiliary aid. In compliance with the ADA, service animals are welcome in Associated Students work areas and may attend any meeting or event. There may be an exception to certain areas.

Employees requesting accommodation for a disability that includes a service animal must notify their supervisor or the Human Resources department, who in turn will refer the employee to the San Jose State University Employment Accommodation Resource Center (EARC). The EARC processes and manages disability accommodation requests for Associated Students. All service animals must be registered with the EARC. Requirements of service animals and their owners include: • All animals need to be immunized against rabies and other diseases common to that type of animal. All vaccinations must be current.

• Animals must wear a rabies vaccination tag.

• All dogs must be licensed per state or local law. Dogs must wear the license tag.

• Service animals must wear an owner identification tag (which includes the name and phone number of the owner) at all times.

• Animals must be in good health.

• Animals must be on a leash, harness or other type of restraint at all times, unless the owner/partner is unable to retain an animal on leash due to a disability.

• The owner must be in full control of the animal at all times. The care and supervision of the animal is solely the responsibility of the owner.

• The owner must provide the EARC with information as to how the animal accommodates for the individual’s disability.

Reasonable behavior is expected from service animals while in Associated Students work areas, meetings, or events. The owners of disruptive and aggressive service animals may be asked to remove them from Associated Students work areas, meetings, or events. If the improper behavior happens repeatedly, the owner may be told not to bring the service animal into any Associated Students work area, meeting, or event until the owner takes significant steps to mitigate the behavior.

Cleanliness of the service animal is mandatory. Consideration of others must be taken into account when providing maintenance and hygiene of service animals. The owner is expected to clean and dispose of all animal waste.

Parking SJSU parking facilities are located on 10th Street, 4th Street, 7th Street and 8th Street.

Full-time and part-time staff can purchase an annual employee ‘E’ parking permit from Human Resources through a pre-tax payroll deduction. The ‘E’ parking permit entitles you to park in ‘E’ and ‘S’ (student) sections of SJSU parking facilities.

Student employees are not eligible to purchase ‘E’ parking permits.

Associated Students I Employee Handbook

time off & leaves of absence

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Holidays Associated Students observes and allows full-time staff time off with pay for the following holidays: • New Year’s Day • Martin Luther King, Jr. Day • Cesar Chavez Day • Memorial Day • Independence Day • Labor Day • Veteran’s Day • Thanksgiving Day • Day after Thanksgiving • Christmas through New Year’s Day Any additional holidays will be designated by Associated Students, or the Chancellor’s Office or the California Governor, at start of each calendar year. If one of these holiday falls on a Saturday, it will be observed on the preceding Friday. If one of these holidays falls on a Sunday, it will be observed on the following Monday. If a holiday conflicts with San Jose State University’s academic calendar, the day will be considered a work day and the holiday will be rescheduled for a later observance.

Holiday Pay - Full-time staff are eligible for holiday pay after 30 days of employment with Associated Students. Holiday pay shall be at the full-time staff’s regular hourly pay rate times eight (8) hours.

Full-time staff are not eligible for holiday pay during leaves of absence.

Part-time staff and student assistants are not eligible for holiday pay.

Religious observances - Employees who need time off to observe religious practices or holidays not already scheduled by the company should speak with their supervisor.

Depending upon business needs, the employee may be able to switch a scheduled day with another employee, or take vacation or personal holiday time, or take unpaid time off.

The company will seek to reasonably accommodate individuals’ religious observances.

Personal Holiday Associated Students provides full-time staff with one personal holiday per calendar year to celebrate the employee’s birthday or work anniversary. The personal holiday must be used on the employee’s birthday or work anniversary, or on a scheduled work day in the same pay period as the employee’s birthday or work anniversary. The Personal Holiday must be requested in advance in ADP Workforce Now and approved by the employee’s supervisor.

Any unused personal holidays will be forfeited at the end of the calendar year.

Personal Holiday Pay - Personal holiday pay shall be at the full-time staff’s regular hourly pay rate times eight (8) hours.

Vacation Associated Students recognizes the importance of time off from work to relax, spend time with family, and enjoy leisure activities. Associated Students provides paid vacation time to full-time and part-time staff for this purpose and employees are encouraged to take vacation during the year. Part-time student assistants are not eligible for paid vacation.

Employees may not take paid vacation until they have accrued the vacation time. New employees accrue paid vacation at the start of employment and employees accrue paid vacation according to the following schedules: Managerial Staff - The rate of vacation accrual is eight (8) hours per pay period and 24 days per year.

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Full-Time Staff - The rate of vacation accrual is based on the following schedule (annual totals should be rounded to the nearest whole day): Length of Service

Hours Per Pay Period

Days Per Year

1 month to 1 year 13 months to 3 years 37 months to 6 years 73 months to 10 years 121 months to 15 years 181 months to 20 years 241 months to 25 years 301 months and over

3.00 hours 3.34 hours 5.00 hours 5.67 hours 6.34 hours 7.00 hours 7.67 hours 8.00 hours

9 days 10 days 15 days 17 days 19 days 21 days 23 days 24 days

Part-Time Staff - The rate of vacation accrual is based on the following pro rata schedule (annual totals should be rounded to the nearest whole day): Length of Service

Hours Per Pay Period

Days Per Year

1 month to 1 year 13 months to 3 years 37 months to 6 years 73 months to 10 years 121 months to 15 years 181 months to 20 years 241 months to 25 years 301 months and over

1.89 hours 2.10 hours 3.15 hours 3.57 hours 3.99 hours 4.41 hours 4.83 hours 5.04 hours

6 days 6 days 9 days 11 days 12 days 13 days 14 days 15 days

Scheduling Vacation - Employees that have accrued vacation time may submit vacation requests after completing of one month of service. Vacation requests must be submitted in advance in ADP Workforce Now and approved by the appropriate supervisor before the time off may be taken. If the dates of your scheduled vacation change, you must modify your request and notify your supervisor immediately. It is the employee’s responsibility to maintain accurate records of their time off. Failure to do so may result in disciplinary action, up to and including termination of employment.

Vacation Balance Cap - Managerial staff may maintain a vacation balance up to a maximum of three hundred and eighty-four (384) vacation hours, irrespective of length of service.

Full-time staff may maintain a vacation balance up to a maximum of two hundred and seventy-two (272) vacation hours for ten (10) or less years of service or three hundred and eighty-four (384) vacation hours for more than ten (10) years of service. Part-time staff may maintain a vacation balance up to a maximum of one hundred and seventy-one (171) vacation hours for ten (10) or less years of service or two hundred and forty-two (242) vacation hours for more than ten (10) years of service. When a balance cap is reached, no more vacation will be accrued until some vacation is taken.

Unused Vacation Balance - Unused vacation balances, up to the vacation balance cap, will rollover from the end of one calendar year to the next calendar year.

The Associated Students Executive Director may allow an employee with a vacation balance in excess of 40 hours to request a one-time vacation cash-out per calendar year. The maximum amount allowed for a one-time vacation cash out request is twenty-five percent of the vacation balance in excess of 40 hours. To make a request, the Cash-Out Request Form must be turned into the Human Resources department and is subject to Executive Director approval.

Upon employment separation (e.g., voluntary resignation, termination), an unused vacation balance will be paid to the employee on the final paycheck.

Sick Leave Associated Students provides paid sick leave to all employees in accordance with California’s Healthy Workplace, Healthy Family Act of 2014. Employees can take paid sick leave for their own, or a family member’s, diagnosis, care or treatment of an existing health condition or

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preventive care or for specified purposes for an employee who is a victim of domestic violence, sexual assault or stalking. Sick leave is not intended to be used as a substitute for vacation days.

Full-time staff accrue sick leave at the rate of four (4) hours per pay period and ninety-six (96) hours per year. Part-time staff and part-time student assistants accrue sick leave at the rate of two(2) hours per pay period and forty-eight (48) hours per year. All employees are eligible to use sick leave after one month of service. If an employee is absent for illness before the employee is eligible for sick leave, it will be taken as unpaid time off. Employees may carry accrued sick leave over from one year to the next. The maximum sick leave balance for employees is one hundred and eighty (180) sick leave hours. Up to one-half of your accrued sick leave credits may be used for family care during any one (1) calendar year. However, an employee may request the use of accrued sick leave credit for family care beyond the maximum. Such a request must be accompanied by a physician’s statement or other appropriate verification.

Planned sick leave requests must be submitted in advance and as soon as possible in cases of unanticipated illness or medical emergency. Sick leave requests must be entered in ADP Workforce Now and be approved by the appropriate supervisor before the end of each pay period. If the dates of your sick leave change, you must modify your request in ADP immediately.

Except as required by state law, unused sick days are forfeited when an employee’s employment ends for any reason.

If an employee is rehired within one year from the date of separation, any previously accrued and unused sick leave will be reinstated and can be used immediately upon rehire.

The Company prohibits discrimination and/or retaliation against employees who request or use paid sick and safe time for authorized circumstances or for making a complaint or informing a person about a suspected violation of this policy. Likewise, the Company prohibits discrimination and/or retaliation for cooperating with city or state officials in investigating claimed violations of any paid sick leave law, cooperating or participating in any investigation, administrative hearing or judicial action regarding an alleged violation, opposing any policy or practice that is prohibited by any paid sick leave law, or informing any person of his or her potential rights under the law.

Family and Medical Leave Associated Students will grant family and medical leave in accordance with the requirements of applicable state and federal law in effect at the time the leave is granted. No greater or lesser leave benefits will be granted than those set forth in state or federal law. In certain situations, federal law requires that provisions of state law apply. In any case, employees will be eligible for the most liberal benefits available under either law.

Please contact your supervisor or the Human Resources department as soon as you become aware of the need for a family or medical leave. The following is a summary of the relevant provisions: Employee Eligibility - To be eligible for family and medical leave benefits, an employee must: (1) have worked for Associated Students for a total of at least 12 months; (2) have worked at least 1,250 hours over the previous 12 months; and (3) work at a location where at least 50 employees are employed by Associated Students within 75 miles.

Reasons for Leave - Federal and state laws allow FMLA Leave for various reasons. Because employees’ legal rights and obligations may vary depending upon the reason for the FMLA Leave, it is important to identify the purpose or reason for the leave. Fed-FMLA leave and CFRA leave run concurrently except for the following reasons: to care for a registered domestic partner or a child of a registered domestic partner (CFRA only), incapacity due to pregnancy or prenatal care as a serious health condition (Fed-FMLA only), qualifying exigency leave (Fed-FMLA only) and military caregiver leave (Fed-FMLA only). Additionally, CFRA coverage for an employee’s own serious health condition that also constitutes a disability under the California’s Fair Employment and Housing Act (FEHA) is separate and distinct from FEHA protections. If the employee cannot return to work at the expiration of the CFRA leave, the Company will engage the employee in the interactive process to determine

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whether an extension of the leave would be a reasonable accommodation under the FEHA. FMLA Leave may be used for one of the following reasons: • The birth, adoption or foster care of an employee’s child within 12 months following birth or placement of the child (Bonding Leave); • To care for an immediate family member (spouse, registered domestic partner, child, child of a registered domestic partner or parent) with a serious health condition (Family Care Leave); • An employee’s inability to work because of a serious health condition (Serious Health Condition Leave); • A “qualifying exigency,” as defined under the FMLA, arising from a spouse’s, child’s or parent’s “covered active duty” as a member of the military reserves, National Guard or Armed Forces (Qualifying Exigency Leave); or • To care for a spouse, child, parent or next of kin (nearest blood relative) who is a “Covered Servicemember” (Military Caregiver Leave).

Definitions “Child,” for purposes of Bonding Leave and Family Care Leave, means a biological, adopted or foster child; a stepchild; a legal ward; or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and incapable of self-care because of a mental or physical disability at the time that FMLA Leave is to commence. “Child,” for purposes of Qualifying Exigency Leave and Military Caregiver Leave, means a biological, adopted or foster child; stepchild; legal ward; or a child for whom the person stood in loco parentis, and who is of any age.

“Parent,” for purposes of this policy, means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the person. This term does not include parents-in-law. For Qualifying Exigency Leave taken to provide care to a parent of a deployed military member, the parent must be incapable of self-care as defined by the FMLA. “Covered Active Duty” means (1) in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; and (2) in the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty (or notification of an impending call or order to active duty) in support of a contingency operation as defined by applicable law.

“Covered Servicemember” means (1) a member of the Armed Forces, including a member of a reserve component of the Armed Forces, who is undergoing medical treatment, recuperation or therapy; is otherwise in outpatient status; or is otherwise on the temporary disability retired list, for a serious injury or illness incurred or aggravated in the line of duty while on active duty that may render the individual medically unfit to perform his or her military duties; or (2) a person who, during the five years prior to the treatment necessitating the leave, served in the active military, Naval or Air Service, and who was discharged or released under conditions other than dishonorable (a “veteran” as defined by the Department of Veteran Affairs), and who has a qualifying injury or illness incurred or aggravated in the line of duty while on active duty that manifested itself before or after the member became a veteran. For purposes of determining the five-year period for covered veteran status, the period between October 28, 2009, and March 8, 2013, is excluded.

“Spouse” means a husband or wife. Husband or wife refers to the other person with whom an individual entered into marriage as defined or recognized under state law in the state in which the marriage was entered into or, in the case of a marriage entered into outside of any state, if the marriage is valid in the place where entered into and could have been entered into in at least one state. This definition includes an individual in a same-sex or common law marriage that either (1) was entered into in a state that recognizes such marriages; or (2) if entered into outside of any state, is valid in the place where entered into and could have been entered into in at least one state. For purposes of CFRA leave, a spouse includes a registered domestic partner or same-sex partners in marriage.

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“Serious health condition” means an illness, injury, impairment or physical or mental condition that involves either: • Inpatient care (including, but not limited to, substance abuse treatment) in a hospital, hospice or residential medical care facility, including any period of incapacity (that is, inability to work, attend school or perform other regular daily activities) or any subsequent treatment in connection with this inpatient care; or • Continuing treatment (including, but not limited to, substance abuse treatment) by a health care provider that includes one or more of the following: o A period of incapacity (that is, inability to work, attend school or perform other regular daily activities due to a serious health condition, its treatment or the

recovery that it requires) of more than three consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also involves treatment two or more times via an in-person visit to a health care provider, or at least one visit to a health care provider that results in a regimen of continuing treatment under the supervision of the health care provider. o Any period of incapacity due to pregnancy or prenatal care (under the Fed-FMLA, but not the CFRA). o Any period of incapacity or treatment for incapacity due to a chronic serious health condition that requires periodic visits to a health care provider, continues over an extended period of time and may cause episodic incapacity. o A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective, such as Alzheimer’s, a severe stroke and the terminal stages of a disease. o Any period of absence to receive multiple treatments (including any period of

recovery) by a health care provider either for (a) restorative surgery after an accident or other injury; or (b) a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment.

“Serious injury or illness” in the case of a current member of the Armed Forces, National Guard or Reserves is an injury or illness incurred by a covered servicemember in the line of duty on active duty (or that preexisted the member’s active duty and was aggravated by service in the line of duty on active duty) in the Armed Forces that may render him or her medically unfit to perform the duties of his or her office, grade, rank or rating. In the case of a covered veteran, “serious injury or illness” means an injury or illness that was incurred in the line of duty on active duty (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty) and that manifested itself before or after the member became a veteran.

“Qualifying exigency” is defined by the Department of Labor and generally includes events related to short-notice deployment, military ceremonies, support and assistance programs, changes in childcare, school activities, financial and legal arrangements, counseling and post-deployment activities. Qualifying Exigency Leave may also be used to spend up to 15 days with military members who are on short-term, temporary, rest and recuperation leave during their period of deployment.

Eligible Leave - Eligible employees may receive up to 12 workweeks of unpaid, job-protected leave during a 12-month period. A 12-month period begins on the date of an employee’s first use of federal family and medical leave. Successive 12-month periods commence on the date of an employee’s first use of such leave after the preceding 12-month period has ended. Leave may be used for one or more of the following reasons: (1) for the birth or placement of a child for adoption or foster care; (2) to care for an immediate family member (parent, spouse, child, sibling, grandparent, grandchild or parent in-laws)1 with a serious health condition; or (3) the employee is unable to work because of the employee’s own serious health condition.

Under some circumstances, employees may take family and medical leave intermittently, which means taking leave in blocks of time, or by reducing their normal weekly or daily work schedule.

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Pregnant employees may have the right to take a pregnancy disability leave in addition to a family and medical leave; such employees should contact their supervisor or the Human Resources department regarding their individual situations.

Notice and Certification - Employees seeking to use family or medical leave may be required to provide: 1. 30-day advance notice when the need for the leave is foreseeable; and 2. Medical certification from a health-care provider (both prior to the leave and prior to reinstatement) When leave is needed to care for an immediate family member or the employee’s own serious health condition, and is for planned medical treatment, the employee must try to schedule treatment to deter from disruption of Associated Students’ operation.

Compensation during Leave - Family and medical leave is unpaid. Associated Students may require an employee to use accrued paid leave such as vacation to cover some or all of the family and medical leave. However, no employee will be required to apply any accrued paid leave to any period of FMLA leave for which the employee is otherwise receiving paid benefits, such as disability or workers’ compensation benefits. The use of paid time-off will not extend the length of the leave to which you are otherwise entitled.

Benefits during Leave - Associated Students will continue to pay its share of your group health insurance premiums for an employee on family and medical leave for up to a maximum of 12 workweeks if such insurance was provided before the leave was taken and on the same terms as if the employee had continued to work. In some instances, Associated Students may recover premiums it paid to maintain health coverage for an employee who fails to return to work following family and medical leave.

Employees on family and medical leave who do not receive continued paid coverage, or whose paid coverage ceases after 12 workweeks, may continue their group health insurance coverage through Associated Students in conjunction with federal COBRA guidelines, if applicable, by making monthly payments to Associated Students for the relevant premium.

Employees should contact the Associated Students Human Resources Department for further information.

Job Reinstatement - Under most circumstances, upon return from a family and medical leave, an employee will be reinstated to their previous position, or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions. However, an employee returning from a family and medical leave has no greater right to reinstatement than if the employee had been employed continuously rather than on leave. For example, if an employee on family and medical leave would have been laid off had leave not been taken, or if an employee’s position is eliminated during the leave, the employee would not be entitled to reinstatement. An employee’s use of family and medical leave will not result in the loss of any employment benefit that the employee earned or was entitled to before using family and medical leave.

Unlawful Acts - It is unlawful for Associated Students to interfere with, restrain, or deny the exercise of any right provided by state or federal law. It is also unlawful for Associated Students to refuse to hire or to discharge or discriminate against any individual for opposing any practice, or because of involvement in any proceedings related to family and medical leave.

FMLA Rights for Families of Service Members - Associated Students will provide 26 weeks of unpaid annual leave during a single 12-month period for an eligible employee to care for a spouse, registered domestic partner, son, daughter, parent, or next of kin (nearest blood relative) who is a covered service member. FMLA for service member families and general FMLA/CFRA run concurrently. A qualified employee may take 12 weeks of non-military related FMLA leave and an additional 14 weeks of FMLA leave to care for a covered service member, but may not take more than 26 weeks in a 12-month period. FMLA leave for service member care does not run concurrently with the 10-day leave provided for the spouses and registered

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domestic partners of a qualified service member during a leave from deployment.

A covered service member is a member of the Armed Forces, including the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. A serious injury or illness is one incurred by the member on active duty in the Armed Forces in the line of duty that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating. Injuries that are in the line of duty may include car accidents, serious non-combat related illnesses such as cancer, or any other non-combat related injury that renders the member unfit to perform their duties.

Employees may elect, or Associated Students may require, the substitution of any of the employee’s accrued paid vacation leave, paid time off, personal leave, family leave, or medical or sick leave for any part of the 26-week period of leave to care for an injured service member.

Employees are not eligible for leave to care for a reservist who is injured while performing regular reserve duties but not on active duty. Such employees may be eligible for leave under general FMLA provisions applicable to all employees.

Confidentiality - Documents relating to medical certifications, recertifications or medical histories of employees or employees’ family members will be maintained separately and treated as confidential medical records, except that in some legally recognized circumstances, the records (or information in them) may be disclosed to supervisors and managers, first aid and safety personnel or government officials.

Unpaid Leave of Absence (Other Than FMLA/CFRA) Under certain circumstances, full-time or part-time staff may be eligible for an unpaid leave of absence for up to one year at the discretion of the employer. A written request for a leave of absence without pay, or an extension of a leave of absence without pay, must be submitted to the Human Resources department. The Human Resources department will determine the conditions for such a leave, and if it shall be granted.

Pregnancy/Disability Leave Associated Students will grant an unpaid pregnancy disability leave to employees disabled on account of their pregnancy, childbirth, or related medical conditions. Employees who are affected by pregnancy or a related medical condition are also eligible to transfer to a less strenuous or hazardous position or to less strenuous or hazardous duties, if such a transfer is medically advisable and certified as such by an attending physician.

Leave Available - An eligible employee who is disabled due to pregnancy, childbirth, or related medical conditions and takes a Pregnancy Disability Leave (PDL) may take up to a maximum of four (4) months in a 12-month period. As an alternative, Associated Students may transfer the employee to a less strenuous or hazardous position if the employee so requests, with the advice of her physician, if the transfer can be reasonably accommodated.

Leave taken under the pregnancy disability policy runs concurrently with family and medical leave under federal law, but not with family and medical leave under California law.

Notice and Certification Requirements- Employees requesting to take a pregnancy disability leave must provide Associated Students with a certification from a health-care provider.

Compensation during Leave - Pregnancy disability leaves are without pay. However, employees may utilize accrued vacation time and any other accrued paid time off during the leave. All such payments will be coordinated with any state disability or other wage reimbursement benefits for which you may be eligible. At no time shall an employee receive a greater total payment than the employee’s regular salary.

Benefits during Leave - If the employee taking pregnancy disability leave is eligible for leave under the federal or state family and medical leave laws, Associated Students will maintain your group health insurance coverage for up to a maximum of four (4) months in a 12-month period if such insurance was provided before the leave was taken and on the same terms as if the employee had continued to work. In some instances, Associated Students may recover

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premiums it paid to maintain health coverage for an employee who fails to return to work following pregnancy disability leave. If ineligible under the federal and state family and medical leave laws, employees on pregnancy disability leave will receive continued paid coverage on the same basis as employees taking other leaves.

Employees on pregnancy disability leave who do not receive continued paid coverage, or whose paid coverage ceases after 16 workweeks, may continue their group health insurance coverage through Associated Students in conjunction with federal COBRA guidelines, if applicable, by making monthly payments to Associated Students for the relevant premium.

Employees should contact their Human Resources Department for further information.

Reinstatement - Upon the submission of a medical certification from a health care provider that an employee is able to return to work, the employee will in most circumstances, be offered the same position held at the time of the leave or an equivalent position. However, an employee is not entitled to any greater right to reinstatement than if the employee had been employed continuously rather than on leave. For example, if the employee would have been laid off if she had not gone on leave, then the employee would not be entitled to reinstatement. Similarly, if the employee’s position has been filled in order to avoid undermining Associated Students’ ability to operate safely and efficiently while the employee was on leave, and there is no equivalent position available, then reinstatement would be denied.

California Paid Family Leave (PFL) California Paid Family Leave (PFL) gives workers at companies of any size partial reimbursement of their pay for up to six weeks during any 12-month period. The law does not create a new right to a leave of absence, but rather provides pay for the time an employee is off work for a covered reason, such as to bond with a new child (by birth, adoption or foster care) or for a seriously ill parent, child, spouse, registered domestic partner or child of a registered domestic partner. There is no guarantee of reinstatement after taking Paid Family Leave.

For more information, contact the Human Resources department or visit the Employment Development Department (EDD) Paid Family Leave webpage.

Workers’ Compensation Disability Leave Associated Students will grant a workers’ compensation disability leave to employees with occupational illnesses or injuries in accordance with state law. As an alternative, Associated Students will try to reasonably accommodate such employees with modified work. Leave taken under the workers’ compensation disability policy runs concurrently with family and medical leave under both federal and state law.

Notice and Certification Requirements - Employees must report all accidents, injuries and illnesses—no matter how small—to their immediate supervisor. In addition, employees must provide Associated Students with a certification from a health-care provider.

Compensation during Leave - Workers’ compensation disability leaves are without pay.

However, employees may utilize accrued vacation time and any other accrued paid time off during the leave. All such payments will be coordinated with any state disability, workers’ compensation or other wage reimbursement benefits for which you may be eligible. At no time shall an employee receive a greater total payment than the employee’s regular salary.

Benefits during Leave - If the employee taking workers’ compensation disability leave is eligible for leave under the federal or state family and medical leave laws, Associated Students will maintain your group health insurance coverage for up to a maximum of 12 workweeks if such insurance was provided before the leave was taken and on the same terms as if the employee had continued to work. In some instances, Associated Students may recover premiums it paid to maintain health coverage for an employee who fails to return to work following workers’ compensation disability leave. If ineligible under the federal and state family and medical leave laws, employees on workers’ compensation disability leave will receive continued coverage on the same basis as employees taking other leaves.

Employees on workers’ compensation disability who do not receive continued paid coverage, or whose paid coverage ceases after 12 workweeks, may continue their group health insurance coverage through Associated Students in conjunction with federal COBRA

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guidelines, if applicable, by making monthly payments to Associated Students for the amount of the relevant premium. Employees should contact the Human Resources Department for further information.

Reinstatement - Under most circumstances, upon submission of a medical certification that an employee is able to return to work from a workers’ compensation leave, the employee will be reinstated to the employee’s same position held at the time the leave began or to an equivalent position, if available. An employee returning from a workers’ compensation leave has no greater right to reinstatement than if the employee had been continuously employed rather than on leave. For example, if the employee on workers’ compensation leave would have been laid off had he or she not gone on leave, or if the employee’s position has been eliminated or filled in order to avoid undermining Associated Students’ ability to operate safely and efficiently during the leave, and there are no equivalent positions available, then the employee would not be entitled to reinstatement.

Military Leave Associated Students provides military leaves of absence to employees who serve in the uniformed services as required by the Uniformed Services Employment and Reemployment Rights Act of 1994 and applicable state laws.

Spousal/Domestic Partner Military Leave- Qualified employees, who are spouses or registered domestic partners of a qualified member of the Armed Forces, National Guard, or Reserves (“member”), may take an unpaid leave of up to 10 days during a qualified leave period of the member.

To be eligible for this leave, the employee must 1) be the spouse or registered domestic partner of the member; 2) work for an average of 20 or more hours per week; 3) provide Associated Students with notice within 2 business days of receiving official notice that the member will be on leave from deployment that the employee intends to take leave under this policy; and 4) submit written documentation certifying that the member will be on leave from deployment during the period the leave is requested. This policy does not apply to independent contractors.

This policy does not affect an employee’s rights with respect to any other employee benefit provided by law and does not affect, or prevent Associated Students from allowing an employee to take, a leave that the employee is otherwise entitled to take. Associated Students will not retaliate against any employee for requesting or taking leave under this policy.

For purposes of this policy, the following definitions apply: • “Qualified member” means a person who is a member of the Armed Forces of the United States who has been deployed during a period of military conflict to an area designated as a combat heater or zone by the President; or a member of the National Guard or the Reserves who has been deployed during a period of military conflict regardless of area.

• “Period of military conflict” means either 1) a period of war declared by the United States Congress; 2) a period of deployment for which a member of a reserve component is ordered to active duty pursuant to either U.S. Code Title 10, Sections 12301 and 12302 or Title 32.

• “Qualified leave period” means the period during which the qualified member is on leave from deployment during a period of military conflict.”3 Family Military Leave Employees may take up to 10 days of unpaid leave if they work an average of 20 or more hours per week and their spouse or registered domestic partner is on leave from deployment as a member of: (1) the Armed Forces of the United States deployed to an area of military conflict designated as a combat theater or combat zone by the President of the United States; or (2) the National Guard or Reserves deployed during a period of military conflict.

For purposes of this policy “military conflict” includes “a period of war declared by the United

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States Congress” or a period of deployment for which a member of the Reserves is ordered to active duty either by the Governor or the President of the United States.

Employees must provide the Company with notice of their intention to take leave within two business days of receiving official notice that their spouse or registered domestic partner will be on leave from deployment. The Company may also request that employees submit written documentation certifying that their spouse or registered domestic partner will be on military leave from deployment during the time of the requested leave.

Eligible employees may use all available accrued paid leave, such as vacation and paid time off, during a period of unpaid family military leave. Leave taken under this policy will not affect an employee’s right to any other benefits.

The Company will not discriminate against, or tolerate discrimination against, any employee who requests and/or takes leave under this policy.

Bereavement Leave In the event of the death of your current spouse, domestic partner, child, parent, legal guardian, sibling, grandparent, grandchild, in-laws, or significant other, you may take up to three (3) consecutive scheduled workdays off with pay. Your supervisor may approve additional unpaid time off. If such a death requires the employee to travel over five hundred (500) miles from the employee’s home, an additional (2) days of leave with pay will be granted upon request. The appropriate supervisor may authorize unpaid leave or the use of vacation for an employee.

Jury and Witness Duty Leave The Company encourages all employees to fulfill their civic responsibilities and to respond to jury service summonses or subpoenas, attend court for prospective jury service or serve as a juror or witness under court order. Under no circumstances will employees be terminated, coerced or penalized because they request or take leave in accordance with this policy.

Full-time and part-time staff who have completed 30 days of consecutive employment will receive full pay for scheduled shifts while serving jury duty. Part-time student employees are not eligible for jury duty pay. You should notify your supervisor of the need for time off for jury or witness duty as soon as a notice or summons or subpoena from the court is received.

Any mileage allowance or other fees paid by the court for jury services are to be retained by you. You may be requested to provide written verification from the court clerk of having served. If work time remains after any day of jury selection or jury duty, you will be expected to return to work for the remainder of your work schedule.

Time Off for Voting If an employee does not have sufficient time outside of working hours to vote in an official state-sanctioned election, the employee may take off enough working time to vote. Such time off shall be taken at the beginning or the end of the regular working shift, whichever allows for more free time. The time taken off shall be combined with the voting time available outside of working hours to a maximum of two hours combined. Under these circumstances, an employee will be allowed a maximum of two hours of time off during an election day without loss of pay. When possible, an employee requesting time off to vote shall notify their supervisor at least two working days before the election.

Election Officer Leave The Company will not terminate, suspend or otherwise discriminate against employees who miss work to serve as an election officer on Election Day. Time off under this policy will be unpaid.

The Company asks that employees provide reasonable advance notice of the need for time off to serve as an election official, so that the time off can be scheduled to minimize disruption to normal work schedules. Proof of having served as an election official may be required.

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School Activities Leave If you are a parent or guardian with one or more children in kindergarten or grades 1-12, inclusive, or a licensed child care provider and wish to take unpaid time off to visit the school of your child for a school activity, you may take off up to eight (8) hours each calendar month (up to a maximum of 40 hours each school year), per child, provided you give reasonable notice to Associated Students of your planned absence. Employees wishing to take such leave and receive compensation may utilize their existing vacation time.

School activities include:

• Finding, enrolling, or reenrolling a child in a school or a licensed child care provider, • Participating in a child’s school or licensed child care provider activities, or • Addressing a child care provider or school emergency.

If both parents of a child work for Associated Students, only one parent—the first to provide notice—may take the time off, unless Associated Students approves both parents taking time off simultaneously.

Associated Students reserves the right to request documentation from the school or licensed child care provider as proof that the parent or guardian engaged in school activities during the requested school activities leave time.

School Discipline Leave Employees who are the parent or custodial guardian of a child in kindergarten or grades one through 12 may take time off to attend a school conference involving the possible suspension of their child.

To be eligible for leave, the child must be living with the employee, and the employee must provide advance notice that his or her appearance at the school has been requested.

The Company may require employees to provide documentation, including a copy of the school’s notice or some other certification stating that the employee’s presence at the school is mandatory.

Employees wishing to take such leave may utilize their existing vacation time or other accrued paid time off.

School visits for other purposes may be covered under the Company’s School or Day Care Activities Leave policy.

Volunteer Firefighters, Emergency Rescue Personnel, and Reserve Peace Officers Associated Students recognizes and supports public duty. Please alert your supervisor so that he or she may be aware of the fact that you may have to take time off for emergency duty. In the event that you need to take time off for emergency duty, please inform your supervisor before doing so where possible. Time off for such duty is unpaid.

Time Off for Victims of Sexual Assault, Domestic Violence or Stalking Associated Students will provide time off to any employee who is a victim of domestic violence, sexual assault or stalking so that the employee may obtain or attempt to obtain relief and to help ensure the health, safety or welfare of the employee or the employee’s child. “Relief” includes, but is not limited to, a temporary restraining order, restraining order or other injunctive relief.

Additionally, an employee who is a victim of domestic violence, sexual assault or stalking may take time off for any of the following reasons: (1) to seek medical attention for injuries caused by domestic violence, sexual assault or stalking; (2) to obtain services from a domestic violence shelter, program or rape crisis center; (3) to obtain psychological counseling; and (4) to participate in safety planning and to take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.

Affected employees must give Associated Students reasonable notice that they are required to be absent for a purpose of circumstantial nature relative to this act, except for unscheduled or

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emergency court appearances or other emergency circumstances. In such a case, Associated Students will take no action against affected employees if, within a reasonable time after the appearance, they provide Associated Students with documentary evidence that their absence was required for any of the above reasons.

Affected employees may use vacation, personal holiday or other accrued time off (if available).

The Company will keep all information submitted in connection with an employee’s request for leave confidential to the extent permissible by law. If the law requires disclosure of information, the Company will notify the employee before any information is released.

The Company will not discriminate, harass or retaliate against any employee because the individual is, or is perceived to be, a victim of domestic violence, sexual assault or stalking or takes or requests leave in accordance with this policy.

Employees who have questions about this policy or who wish to request a leave of absence under this policy should contact their Human Resources representative Time Off for Victims of Legal Violations Employees who are victims or related to victims of a violent felony (defined in Penal Code § 667.5(c)), a serious felony (as defined in Penal Code § 1192.7(c)), or a felony statue prohibiting theft or embezzlement, may take unpaid time off from work to attend judicial proceedings related to the crime. “Related to” means the employee’s spouse, child, stepchild, brother stepbrother, sister, stepsister, mother, stepmother, father, stepfather, registered domestic partner, or the child of a registered domestic partner.

The employee must give Associated Students a copy of a notice in advance of each scheduled proceeding. If it is impossible to do so, the employee must give Associated Students such notice within a reasonable time after the proceeding from the court or government agency setting the hearing, the district attorney or prosecuting attorney’s office, or the office of the victim’s advocate. An employee may use vacation time, personal leave time, or sick leave for attending the proceeding. Associated Students shall keep confidential all records pertaining to this time off.

Confidentiality of the situation, including an employee’s request for the time off, will be maintained to the greatest extent possible.

Employees may use accrued benefits, such as vacation time or sick leave, in order to receive compensation during the time taken off from work.

Time Off for Alcohol and Drug Rehabilitation Associated Students shall provide unpaid time off to reasonably accommodate any employee who wishes to voluntarily enter and participate in an alcohol or drug rehabilitation program, provided that the accommodation does not impose an undue hardship of Associated Students.

Nothing in the policy prohibits Associated Students from refusing to hire or terminating an employee who is unable to perform their duties, or cannot perform the duties in a manner which would not endanger the employee’s health or safety or the health or safety of others because of the employee’s current use of alcohol or drugs.

Associated Students shall make reasonable efforts to safeguard the privacy of employees exercising their rights under this policy. Employees may use sick leave for the purposes of this policy.

Lactation Accommodation Associated Students shall provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child. As far as possible, this break time shall run concurrently with any break time already provided by law to the employee. For nonexempt employees, any break time given for this purpose that does not run concurrently with the break time provided by law shall be unpaid and employees provided with such break time shall record it on their timesheets and shall perform no work during such unpaid break time. Associated Students is not required to provide such break time if it would seriously disrupt operations.

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Associated Students shall make every reasonable effort to provide employees with the use of a room or other location (other than a bathroom or toilet stall) close to the employees’ work area for employees to express milk in private. The room or location may include the place where the employee normally works if it otherwise meets the requirements of this policy, including being shielded from view and free from intrusion from the employee’s coworkers and the public.

Organ and Bone Marrow Donation Leave Eligible employees may take up to five (5) days of paid leave for bone marrow donation or 30 days of paid leave for organ donation in any one-year period. Employees should request leave under this policy with as much advanced notice as practicable. In support of a request for leave under this policy, employees should complete leave request form and provide Human Resources with appropriate written certification that they are organ or bone marrow donors and that there is a medical necessity for the donation.

During the leave, employees are entitled to retain their benefits, including group health care coverage, and accrued benefits at the same rate as if they had not taken leave at all.

Upon returning from leave under this policy, employees will typically be restored to their positions, or to equivalent positions, with equivalent pay, benefits, and other employment terms and conditions.

Educational Leave of Absence An educational leave of absence may be approved if the desired curriculum is of mutual benefit to you and to Associated Students. Apply in the same manner as you would for a personal leave of absence.

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Associated Students recognizes the value of benefits and provides full-time staff with a comprehensive and competitive benefits program. For more information regarding benefit programs, please contact the Human Resources department.

Associated Students will periodically review the benefits program and will make modifications as appropriate.

All benefits will be provided to same-sex spouses, domestic partners, and couples in a civil union Medical, Dental, and Vision Insurance Full-time staff are eligible for medical, dental, and vision insurance on the first of the month following 30 days of service. To maintain coverage, every insured employee must work a minimum of 30 hours per week.

Medical insurance is provided by CalPERS. Delta Dental and VSP Vision insurance is provided by the CSURMA AORMA Benefits Program.

Associated Students pays 100% of premium costs for you and any eligible dependents.

For more information on insurance coverages, please refer to our Health Benefit Summaries.

Group Life Insurance Associated Students provides life insurance for full-time staff. Full-time staff are eligible for this benefit on the first of the month following 30 days of service. The cost of this coverage is paid for in full by Associated Students.

Supplemental Life Insurance Full-time staff can purchase additional supplemental life insurance coverage at group rates through AFLAC (www.aflac.com).

State Disability Insurance California has a mandatory disability insurance program. Disability Insurance protects workers against loss of wages when unable to work due to illness or injury, which is not job related.

This insurance is required by law by employee paid payroll deductions and is based on a rate set by the State of California.

Supplemental Short-Term Disability Insurance Supplemental short-term disability insurance is offered to full-time staff. Full-time staff may elect to purchase this benefit on the first of the month following 30 days of service.

Supplemental short-term disability insurance is designed to bridge the 90-day period until supplemental long-term disability insurance can cover an employee. This is a voluntary benefit and is funded solely by the employee. In addition, employees will not be paid vacation or sick leave for approved absences covered by the company’s program, except to supplement the short-term disability benefits.

Supplemental short-term disability benefits may run concurrently with FMLA leave and/or any other leave where permitted by state and federal law.

Supplemental Long-Term Disability Insurance Supplemental Long-term disability insurance is offered to full-time staff. This is a voluntary benefit and is funded solely by the employee.

Long-term disability benefits will run concurrently with FMLA leave and/or any other leave where permitted by state and federal law.

401(k) Plan Eligible employees may voluntarily participate in our 401(k) Retirement Plan after one month of service.

Statement of Employee Retirement Income Security Act (ERISA) Rights: As a participant in the Associated Students Employees’ Retirement Plan, you are entitled to examine the Plan documents, the Annual Report, and the Summary Plan Description filed with the U.S. Department of Labor. This inspection may be made during normal business hours in the Associated Students’ Human Resources department.

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Workers’ Compensation Workers’ compensation is a “no-fault” system that provides compensation for medical expenses and wage losses to employees who are injured or who become ill because of employment.

Associated Students pays the entire cost of workers’ compensation insurance. The insurance provides coverage for related medical and rehabilitation expenses and a portion of lost wages to employees who sustain an injury on the job.

The company abides by all applicable state workers’ compensation laws and regulations.

If an employee sustains a job-related injury or illness, it is important to notify the supervisor and Human Resources immediately. The injured employee and supervisor must complete an injury report together and return the form to the Human Resources department. Human Resources will file the claim with the insurance company. In cases of true medical emergencies, call 911 or report to the nearest emergency room.

Workers’ compensation benefits (paid or unpaid) will run concurrently with FMLA leave, if applicable, where permitted by state and federal law. In addition, employees will not be paid vacation or sick leave for approved absences covered by the company’s workers’ compensation program, except to supplement the workers’ compensation benefits such as when the plan only covers a portion of the employee’s salary as allowed by state law.

Employee Assistance Program (EAP) The Employee Assistance Program (EAP) is a resource designed to provide highly confidential and experienced help for employees in dealing with issues that affect their lives and the quality of their job performance.

Employees who choose to use these counseling services are assured the information disclosed in their sessions is confidential and not available to the company, nor is the company given any information on who chooses to use the services. For questions or additional information about this program, employees should contact the Human Resources department.

Education Assistance Program All full-time staff may participate in the Educational Assistance Program after completion of one (1) month of employment. This program gives full-time staff the opportunity to take classes to improve their current job performance, earn a certificate in one of the many courses offered by continuing education, or earn a bachelor’s degree, master’s degree or doctorate’s degree. To participate, full-time staff must complete and submit the Education Assistance Program Application to Human Resources at the beginning of the annual budget process. Applications are subject to Executive Director and Board approval.

The Education Assistance Program is a non-taxable benefit, up to the maximum amount permitted by the IRS, for full-time staff. Education assistance provided above the maximum non-taxable amount permitted by the IRS will be considered a taxable benefit. Unused education assistance may be transferred from full-time staff to a qualified dependent as defined by the IRS. Qualified dependent education assistance will be considered a taxable benefit.

Full-time staff must schedule class attendance outside regularly scheduled work hours. If class attendance is approved and scheduled during regular working hours, the time must be taken as vacation or unpaid time off.

It is preferred that full-time staff take their coursework at San José State University, however enrollment at accredited universities or higher education institutions will be reimbursed for actual payments up to the equivalent tuition fees published by San José State. Reimbursements will be made upon completion of coursework with a grade C or better and shall not exceed the amount of six (6) units in any one semester. Full-time staff may only seek reimbursements for actual payments made by the employee. The cost of books, supplies and lab fees are the responsibility of the employee. Full-time staff must submit proof of course completion to Human Resources to receive reimbursement. No reimbursements will occur for full-time staff that separate employment prior to completing courses.

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Associated Students I Employee Handbook

Employees may be reimbursed up to two (2) times per academic year per the following University schedules: • University Semester - fall and/or spring semester • University Quarter – any two (2) quarters • Year-round University - any two (2) sessions Catastrophic Leave Donation Program This voluntary Catastrophic Leave Donation Program (CLDP) allows eligible employees to donate accrued vacation and/or sick leave to another eligible designated employee suffering from, or whose immediate family member is suffering from, a catastrophic injury or illness and has exhausted accrued vacation or sick leave. The donated Catastrophic Leave supports the continuation of the recipient’s normal salary for a longer period of time than would otherwise be possible, thus easing the financial impact of the illness or injury.

Catastrophic Illness or Injury Definition - A catastrophic illness or injury is one that has completely incapacitated the employee or immediate family member from work. A chronic condition for an employee illness may also be considered catastrophic, even if the condition results in only intermittent absences. A condition, which is short term in nature, such as a cold, flu, or minor injury, is generally not deemed catastrophic. Human Resources will evaluate each request and make a case-by case determination.

Recipient Requirements • Be eligible to accrue vacation and/or sick leave.

• Exhaust accrued vacation and/or sick leave before being eligible to receive donated leave.

• When enrolled and eligible, apply for non-industrial short-term or long-term disability insurance.

• Be on an approved leave of absence under FMLA or CFRA. • Complete a CLDP Request form and submit it to Human Resources.

Donations and Restrictions • The donation of vacation and/or sick leave is strictly voluntary and Human Resources will announce a request for donations. The recipient’s name will not be disclosed.

• Eligible employees may donate up to 40 hours of accrued vacation and/or sick leave per fiscal year (July 1 - June 30). Donations must be in at least one hour increments and remaining donor accrual balances may not fall below 40 hours of vacation or 24 hours of sick leave.

• Employees cannot borrow against future vacation or sick leave accruals to donate.

• The recipient will be paid at their normal compensation rate when donated vacation or sick leave is used.

• Donated vacation or sick leave that is not used by the recipient by the end of the current fiscal year will expire.

Duration - Once all of the employee’s vacation or sick leave accruals have been exhausted, they may request participation in the CLDP for up to three (3) months. Human Resources will review participation requests to determine approval. In exceptional circumstances, influenced by the severity of the illness or injury, the employee may provide a written request for an additional three (3) months participation. The maximum participation time in the CLDP program is six (6) months.

Child Care Assistance Program Associated Students full-time staff needing child care assistance for their dependent may receive up to a fifty percent subsidy of the total services used at the A.S. Child Development Center. This benefit is a taxed benefit if the benefit exceeds $5,000.

Associated Students I Employee Handbook

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Credit Union Membership Associated Students employees, spouses and other immediate family members are eligible to join the Santa Clara County Federal Credit Union (SCCFCU). Credit Union Services include: Checking Accounts, Savings Accounts, 24 Hour Customer Service Line, ATM Machine, Money Orders, Travelers Checks, Auto Blue Book, Auto Broker, Auto Loans, Recreational Vehicle Loans, Personal Loans, Student Loans, Home Equity Loans, Real Estate Loans, Share Certificates, Individual Retirement Accounts, Visa, Entertainment Discounts, Christmas Club Accounts, etc.

For membership information, please call (800) 282-6212.

Retiree Benefits (Medical, Dental, and Vision Insurance) Retiree benefits include coverage for the employee and their qualified dependents (for the life of the employee). Dependents must be covered under the plan prior to employee’s retirement.

You are considered eligible for retiree medical, dental and vision benefits if: 1. You retire at age 59 1/2 or later with at least five years of qualified service, and 2. You were enrolled in medical, dental and vision benefits while an active employee.  

BOD APPROVED 10/23/2019 DESIGNED BY A.S. MARKETING. PRINTED BY THE A.S. PRINT & TECHNOLOGY CENTER.

Associated Students I Employee Handbook