Announcement

Employee Handbook: Harassment, FMLA, Covered Leave, Military Leave, and Code of Conduct

September 1, 2024

Questions on the details of FMLA, what leave is covered, military leave, code of conduct, unpaid leave and more? We have you covered here!

COMPLYING WITH THE LAW

LVT will never take any course of action that is not compliant with federal, state, or local laws. We do not, however, require compliance to laws of physics, or nature.

ANTI-HARASSMENT

Harassment of any kind is prohibited at LVT. We believe that all team members have the right to feel safe,comfortable, and productive at work. Every individual at LVT has the responsibility to treat those around them with respect and dignity; violating this standard will not be tolerated. Harassment can take on many forms including but not limited to, physical, verbal, and visual acts. If a team member witnesses harassment of any form, we expect them to immediately report it to their manager, People Operations, or through one of our other reportingforums mentioned above in How to Raise Questions and Concerns. Harassment cases will be responded to quickly Concerns. Harassment cases will be responded to quickly and with careful concern.

All team members, regardless of their role, will be responsible for adhering to our anti-harassment policy. Anyone who is found guilty of harassing another individual could be subject to disciplinary action, up to and including termination of employment. To see LVT’s full Anti-Harassment policy, please see the Equal Employment Opportunity Statement.

PROHIBITED BEHAVIOR

LVT has committed to creating a workplace that is free of unlawful discrimination and harassment. As a result, LVT will be strict in prohibiting sexual harassment and harassment against any applicant or team member based on any legally-recognized status, including, but not limited to: race, color, religion, sex, homosexuality, transgender status, pregnancy (including lactation, childbirth, or related medical conditions), gender identity, age (40 and over), national origin or ancestry, physical or mental disability, genetic information (including testing and characteristics), veteran status, citizenship status, uniformed v status, or any other status protected by federal, state, or local law. This policy will apply to any and all individuals involved in its operations, regardless of their position, and prohibits harassment by any team member, including supervisors, managers, and team member, including supervisors, managers, and nonsupervisory team members. This policy also protects team members from prohibited harassment by third team members from prohibited harassment by third team members from prohibited harassment by third parties, such as customers, vendors, clients, visitors, or temporary or seasonal workers. If such harassment occurs in the workplace by someone not employed by LVT, the procedures in this policy should be followed. LVT prohibits harassment, including sexual harassment, discrimination, and retaliation. This policy is not designed or intended to limit LVT’s authority to discipline or take remedial action for workplace conduct that the LVT considers unacceptable, regardless of whether that conduct satisfies the definition of unlawful harassment, sexual harassment, discrimination, or retaliation.

MANAGERIAL RESPONSIBILITIES

See also Responding to Team Member Concerns If a team member reports inappropriate behavior, harassment, or anything of a concerning nature to their manager, the manager should evaluate the situation and proceed to notify People Operations concerning the matter.

INAPPROPRIATE BEHAVIOR IS CONSIDERED BUT NOT LIMITED TO:


• Speaking, gesturing, or participating in anything of a sexual nature while in a work associated setting
• Speaking, gesturing, or participating in anything that could make someone feel uncomfortable
• Speaking, gesturing, or participating in any form of harassment, microaggressions, or hostility that seems to be targeting another individual or a group

MANAGERS SHOULD NOTIFY PEOPLE OPERATIONS IF:


• An employee comes to you and informs you that they feel uncomfortable or have been made to feel uncomfortable as a result of someone else’s actions
• An employee witnesses another employee engaging in any inappropriate behavior that seems to be targeted at an individual or group
• An employee reports that someone else has confided in them about concerning behavior happening
• An employee tells you they’ve been harassed, think they’re being harassed, or they feel another employee is being harassed
• An employee reports that they feel uncomfortable around another individual or group of individuals
• They would like to put an employee on a Performance Improvement Plan
• They feel an employee should be terminated

TYPES OF HARASSMENT

Harassment is defined as aggressive pressure or intimidation. While it is impossible to list every example of unlawful harassment, here are some common types that employees should be aware of:


• Sexual Harassment—behavior characterized by the making of unwelcome and inappropriate sexual remarks or physical advances in a workplace or other professional or social situation, etc.
• Verbal Harassment—offensive jokes, slurs, epithets or name calling, threats, intimidation, ridicule or mockery, insults, or put-downs
• Visual Harassment—offensive objects, pictures, orgestures, etc.
• Physical Harassment—threats, pushing, shoving, or causing bodily harm, etc.

Harassment could also be defined as consistently creating unwanted interference with another individual’s work performance, etc. LVT’s policy against unlawful harassment and discrimination applies to e-mail communications, text messages, social media posting, and other forms of communication, made during work or non-work hours, on or off LVT’s premises.

RETALIATION

Retaliation is not tolerated at LVT under any circumstance. It is important to maintain a safe space for everyone in the Company to report their concerns without fear of being targeted or retaliated against afterwards. Any individual who is suspected and/or proved to be participating in retaliation may face disciplinary action. sign a verification form (Form I-9). If an individual cannot verify his or her right to work within three (3) days of hire, LVT must terminate that individual’s employment. Please contact People Operations with questions or concerns.

FMLA LEAVE

FAMILY AND MEDICAL LEAVE ACT

Upon hire, LVT provides all new team members with notices required by the U.S. Department of Labor (DOL) on team member rights and responsibilities Under the Family and Medical Act.

The function of this policy is to provide team members with a general description of their FMLA rights. In the event of any conflict between this policy and the applicable law, team members will be afforded all rights required by law. If you have any questions, concerns, or disputes with this policy, you must contact People Operations in writing.

GENERAL PROVISIONS

Under this policy, LVT will grant up to 12 weeks (or up to 26 weeks of military caregiver leave to care for a covered service member with a serious injury or illness) during a 12-month period to eligible team members. The leave may be paid, unpaid, or a combination of paid and unpaid leave, depending on the circumstances of the leave and as specified in this policy.

This discipline could include a written warning, demotion, or in some cases immediate termination.

CONFIDENTIALITY AND COOPERATION

LVT will commit to upholding confidentiality surrounding investigations as much as possible. Information will only be shared with those who are considered as relevant or in a need-to-know position. When it’s deemed necessary to bring individuals into an investigation, we expect that all team members will cooperate fully, honestly, and respectfully. Additionally, the nature of our business is such that LVT has confidential and proprietary information relating to its business policies, practices, methods of operations, and customer lists. We deal withconfidential and proprietary information received from our customers frequently. Each team member must sign a confidentiality agreement because of this.

IMMIGRATION LAW COMPLIANCE

The Immigration Reform and Control Act of 1986 requires employers to hire and retain only individuals who are authorized to work in the United States. To enforce these guidelines, IRCA requires an employer to verify a potential employee’s eligibility by completing the Employment Verification Form (I-9). By completing Form I-9, the employer is certifying that it has viewed documents proving that the potential employee is authorized to live and work in the United States. All employees are asked to provide original documents verifying their right to work in the United States and to

ELIGIBILITY

To qualify to take family or medical leave under this policy, the team member must meet the following conditions:


• The team member must have worked for the company for 12 months or 52 weeks. The 12 months or 52 weeks need not have been consecutive. Separate periods of employment will be counted, provided that the break in service does not exceed seven (7) years. Separate periods of employment will be counted if the break in service exceeds seven (7) years due to covered military service obligations or when there is a written agreement, including a collective bargaining agreement, stating the employer’s intention to rehire the team member after the service break. For eligibility purposes, a team
member will be considered to have been employed for an entire week even if the team member was on the payroll for only part of a week or if the team member is on leave during the week.
• The team member must have worked at least 1,250 hours during the 12-month period immediately before the date when the leave is requested to commence. The principles established under the Fair Labor Standards Act (FLSA) determine the number of hours worked by a team member. The FLSA does not include time spent on paid or unpaid leave as hours worked. Consequently, these hours of leave should not be counted in determining the 1,250 hours eligibility test for a team member under FMLA.

• The team member must work in a work site where 50 or more team members are employed by the company within 75 miles of that office or work site. The distance is to be calculated by using available transportation by the most direct route.

TYPE OF LEAVE COVERED

To qualify as FMLA leave under this policy, the team member must be taking leave for one of the reasons listed below:


• The birth of a child and in order to care for that child (with leave to be completed within one year of the child’s birth).
• The placement of a child for adoption or foster care and to care for a newly placed child (with leave to be completed within one year of the placement).
• To care for a spouse, child, or parent with a serious health condition.
• The serious health condition (described below) of the team member.

A team member may take leave because of a serious health condition that makes the team member unable to perform the functions of the team member’s position.
A serious health condition is defined as a condition that requires inpatient care at a hospital, hospice, or residential medical care facility, including any period ofincapacity or any subsequent treatment in connection with such inpatient care or as a condition that requires continuing care by a healthcare provider.

This policy covers illnesses of a serious and long-term nature, resulting in recurring or lengthy absences. Generally, a chronic or long-term health condition that would result in a period of three (3) consecutive days of incapacity with the first visit to the healthcare provider within seven (7) days of the onset of the incapacity and a second visit within thirty (30) days of the incapacity would be considered a serious health condition. For chronic conditions requiring periodic health care visits for treatment, such visits must take place at least twice a year.

Team members with questions about what illnesses are covered under this FMLA policy or under the Company’s leave policy are encouraged to consult with a member of Human Resources. If a team member takes paid leave for a condition that progresses into a serious health condition and the team member requests unpaid leave as provided under this policy, the Company may designate all or some portion of related leave taken as leave under this policy, to
the extent that the earlier leave meets the necessary qualifications.

Qualifying exigency leave for families of members of the National Guard or Reserves or of a regular component of the Armed Forces when the covered military member is on covered active duty or called to covered active duty. A team member whose spouse, child, or parent has been notified of an impending call or order to covered active military duty or who is already on covered active duty may take up to 12 weeks of leave for reasons related to or affected by the family member’s call-up or service. The qualifying exigency must be one of the following: a) short- notice deployment, b) military events and activities, c) child care and school activities, d) financial and legal arrangements, e) counseling, f) rest and recuperation, g) post-deployment activities, and h) additional activities that arise out of active duty, provided that the employer and team member agree, including agreement on timing and duration of the leave. Covered active duty means:


• 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.
• In the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty under a provision of law referred to in Title 10 U.S.C. §101(a)(13)(B).

The leave may commence as soon as the individual receives the call-up notice. (Son or daughter for this type of FMLA leave is defined the same as for child for other types of FMLA leave except that the person does not have to be a minor.) This type of leave would be counted toward the team member’s 12-week maximum of FMLA leave in a 12-month period.


• Military caregiver leave (also known as covered service member leave) to care for an injured or ill service member or veteran.

A team member whose son, daughter, parent, or next of kin is a covered service member may take up to 26 weeks leave in a single 12-month period to care for that service member. Next of kin is defined as the closest blood relative of the injured or recovering service member. The term covered service member means:


• A member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy or is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.
• A veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.

The term serious injury or illness means:


• In the case of a member of the Armed Forces (including a member of the National Guard or Reserves), an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or that existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces)and that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.
• In the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during a period when the person was a covered service member, a qualifying (as defined by the Secretary of Labor) injury or illness that was incurred by the member in line of duty on an active duty in the Armed in line of duty on an active duty in the Armed Forces (or that existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran.

AMOUNT OF LEAVE

An eligible team member may take up to twelve (12) weeks for the first five FMLA circumstances above (under heading “Type of Leave Covered”) under this policy during any 12-month period. The Company will measure the 12-month period as a rolling 12-month period measured backward from the date a team member uses any leave under this policy. Each time a team member takes leave, the Company will compute the amount of leave the team member has taken under this policy in the last twelve (12) months and subtract it from the twelve (12) weeks of available leave, and the balance remaining is the amount of time the team member is entitled to take at that time.

An eligible team member can take up to twenty- six (26) weeks for the FMLA military caregiver leave circumstance above during a single 12-month period.

For this military caregiver leave, the Company will measure the 12-month period as a four (4) rolling 12-month period measured forward. If spouses both work for the Company and each wishes to take leave for the birth of a child, adoption or placement of a child in foster care, or to care for a parent (but not a parent “in- law”) with a serious health condition, the spouses may only take a combined total of twelve (12) weeks of leave. If spouses both work for the Company and each wishes to take leave to care for a covered injured or ill service member, the spouses may only take a combined total of twenty-six (26) weeks of leave.

TEAM MEMBER STATUS AND BENEFITS DURING LEAVE

While a team member is on leave, the Company will continue the team member’s health benefits during the leave period at the same level and under the same conditions as if the team member had continued to work. Team members will continue to be responsible for paying their insurance premiums while on leave. A member of People Operations will walk you through this information prior to taking FMLA. prior to taking FMLA.

TEAM MEMBER STATUS AFTER LEAVE

A team member who takes leave under this policy may be asked to provide a fitness for duty (FFD) clearance from the healthcare provider.

USE OF PAID AND UNPAID LEAVE All paid vacation and personal leave runs concurrently with FMLA leave. Disability leave for the birth of a child and for a team member’s serious health condition, including workers’ compensation leave (to the extent that it qualifies), will be designated as FMLA leave and will run concurrently with FMLA.

INTERMITTENT LEAVE OR A REDUCED WORK SCHEDULE

The team member may take FMLA leave in twelve (12) consecutive weeks, may use the leave intermittently (take a day periodically when needed over the year) or, under certain circumstances, may use the leave to reduce the workweek or workday, resulting in a reduced-hour schedule. In all cases, the leave may not exceed a total of twelve (12) 12 workweeks (or twenty-six (26) workweeks to care for an injured or ill service member over a 12-month period).

CERTIFICATION FOR THE TEAM MEMBER’S SERIOUS HEALTH CONDITION

The Company will require certification for the team member’s serious health condition. The team member must respond to such a request within fifteen (15) days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave.

CERTIFICATION FOR THE FAMILY MEMBER’S SERIOUS HEALTH CONDITION

The Company will require certification for the family member’s serious health condition. The team member must respond to such a request within fifteen (15) days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave.

CERTIFICATION OF QUALIFYING EXIGENCY FOR MILITARY FAMILY LEAVE

The Company will require certification of the qualifying exigency for military family leave. The team member must respond to such a request within fifteen (15) days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial ofcontinuation of leave.

CERTIFICATION FOR SERIOUS INJURY OR ILLNESS OF COVERED SERVICE MEMBER FOR MILITARY FAMILY LEAVE

The Company will require certification for the serious injury or illness of the covered service member. Theteam member must respond to such a request within fifteen (15) days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave.

RECERTIFICATION

The Company may request recertification for the serious health condition of the team member or the team member’s family member when circumstances have changed significantly, or if the employer receives information casting doubt on the reason given for the absence, or if the team member seeks an extension ofhis or her leave. Otherwise, the Company may request recertification for the serious health condition of the team member or the team member’s family member every six (6) months in connection with an FMLA absence.

PROCEDURE FOR REQUESTING FMLA LEAVE

All team members requesting FMLA leave must provide the People Operations manager with verbal or written notice of the need for the leave. Within five (5) business days after the team member has provided this notice, the People Operations manager will provide the team member with the DOL Notice of Eligibility and Rights. When the need for the leave is foreseeable, the team member must provide the employer with at least thirty (30) days’ notice. When a team member becomes aware of a need for FMLA leave less than thirty (30) days in advance, the team member must provide notice of the need for the leave either the same day or the next business day. When the need for FMLA leave is not foreseeable, the team member must comply with the Company’s usual and customary notice and procedural requirements for requesting leave.

DESIGNATION OF FMLA LEAVE

Within five (5) business days after the team member has submitted the appropriate certification form, the People Operations manager will provide the team member with
a written response to the team member’s request for FMLA leave.

INTENT TO RETURN TO WORK FROM FMLA LEAVE

The Company may require a team member on FMLA leave to report periodically on the team member’s status and intent to return to work.

MILITARY LEAVE—UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT

LVT is committed to protecting the job rights of team members absent on military leave. In accordance with federal and state law, it is the Company’s policythat no team member or prospective team member will be subjected to any form of discrimination on the basis of that person’s membership in or obligation to perform service for any of the Uniformed Services of the United States. Specifically, no person will be denied employment, reemployment, promotion, or other benefit of employment on the basis of such membership. Furthermore, no person will be subjected to retaliation or adverse employment action because such person has exercised his or her rights under applicable law or

Company policy. If any team member believes that he or she has been subjected to discrimination in violation of Company policy, the team member should immediately contact People Operations. team members taking part in a variety of military duties are eligible for benefits under this policy. Such military duties include leaves of absence taken by members of the uniformed services, including Reservists and National Guard members, for training, periods of active military service, and funeral honors duty, as well as time spent being examined to determine fitness to perform such service, and any other leaves of absence authorized by federal, state, or local law. Subject to certain exceptions under the applicable laws, these benefits are generally limited to five (5) years of leave of absence.

Team members requesting leave for military duty should contact People Operations to request leave as soon as they are aware of the need for leave. For request forms and detailed information on eligibility, team member rights while on leave, and job restoration upon completion of leave, refer to the policies, procedures and forms on Bamboo HR or contact People Operations.

FINAL NOTE ON CODE OF CONDUCT

LVT’s code of conduct is an important part of our organization’s safety, business dealings, and even culture. It is important to us that we cultivate a work environment where everyone feels they can thrive. Although impossible to list every little stipulation, we hope that the sections above can assist as basic guidelines to followwhen navigating through concerns, confidentiality, harassment, reporting, and dishonest business dealings.