Announcement
Employee Handbook: Time Off and Leaves of Absence
September 1, 2024
HOLIDAYS
Should a holiday fall on a weekend, the holiday will be observed on the work day closest to the holiday. Time off may be granted to team members who desire to observe a religious holiday that is not recognized by the company. Hourly team members will not receive holiday pay if they miss the work day immediately before or immediately following a holiday without first receiving approval from the team member’s manager in accordance with the vacation policy below. Key team members may be required to work on a holiday. If a team member is required to work on a holiday, the team member will earn pay for the hours worked and 8 hours of holiday pay.
Holiday pay will not be paid if:
• The team member is on furlough.
• The team member is on leave of absence when the holiday occurs.
• The team member is requested to work during a paid holiday and the team member refuses to do so.
RELIGIOUS OBSERVANCES POLICY
LVT respects the individual beliefs and practices of all team members. To aid in accommodating the diverse religious practices of our team members, LVT will provide one day of paid leave annually to team members who, for religious reasons, must be away from the office on a day of normal operation. Beyond this, we will work with individual team members to provide reasonable accommodations which allow for personal religious practices so long as doing so does not create an undue hardship for the Company. A team member whose religious beliefs or practices conflict with their duties, schedule, or any company policy on dress or appearance, and who seeks a religious accommodation must submit a written request to People Operations. The request should include the specific company policy in conflict, the sincerely held religious belief in conflict with the policy, and the accommodation being requested. An employee may be required to provide documentation or other information demonstrating that the employee has a genuinely held religious belief for which the employee is requesting an accommodation. If needed, People Operations will meet with the team member concerning their request.
The request will be evaluated considering whether a work conflict exists and whether a reasonable accommodation is available and would not create an undue hardship for the Company. Possible accommodations may be a change in job duties, using paid or unpaid leave, or an exception to dress and appearance policies. People Operations will confer with the team member’s immediate manager concerning the requested accommodation. The manager will provide the team member with the response to the request and discuss its implementation. If the team member rejects the response, they may appeal following the Company’s complaint policy. Please direct all questions related to this policy to People Operations.
EMPLOYEE CLASSIFICATIONS
All team members are designated as either nonexempt or exempt under state and federal wage and hour laws. The following is intended to help team members understand employment classifications, employment status, and benefit eligibility. These classifications do not guarantee employment for any specified period of time. Team members of the Company are employed for an indefinite period of time. There is no guarantee of continued employment; the company does not have employment contracts—oral or written, express or implied. Employment at LVT is at-will. Team members may resign or may be discharged at any time, with or without notice, cause, prior warning, progressive discipline, or opportunity to improve. Any alterations to the employment-at- will arrangement must be documented in writing, providing specific details regarding all employment terms. Any changes must be signed by the team member and an LVT Executive Officer. Nonexempt team members are team members whose work is covered by the Fair Labor Standards Act (FLSA). They are NOT exempt from the law’s requirements concerning minimum wage and overtime.
Exempt team members are generally managers or professional, administrative, or technical staff who ARE exempt from the minimum wage and overtime provisions of the FLSA. Exempt team members hold jobs that meet the standards and criteria established under the FLSA by the U.S. Department of Labor. LVT has established the following categories for both nonexempt and exempt team members:
• Regular, full time: Team members who are not in a temporary status and who are regularly scheduled to work the Company’s full-time schedule of 30 hours per week. Generally, these team members are eligible for the full benefits package, subject to the terms, conditions, andlimitations of each benefits program. limitations of each benefits program.
• Regular, part time: Team members who are not in a temporary status and who are regularly scheduled to work less than the full-time schedule but at least 20 hours each week. Regular, part-time team members are eligible for some of the benefits offered by the Company subject to the terms, conditions, and limitations of each benefits program.
• Temporary, full time: Team members who are hired as interim replacements to temporarily supplement theworkforce or to assist in the completion of a specific project and who are temporarily scheduled to work the Company’s full-time schedule for a limited duration.Employment beyond any initially stated period does not in any way imply a change in employment status.
• Temporary, part time: Team members who are hired as interim replacements to temporarily supplement the workforce or to assist in the completion of a specific project and who are temporarily scheduled to work less than the Company’s full-time schedule for a
limited duration. Employment beyond any initially stated period does not in any way imply a change in employment status.
Temporary workers are not eligible for Company benefits unless specifically stated otherwise in Company policy or are deemed eligible according to plan documents.
FLEXIBLE TIME OFF (FTO)
There are no maximum limits on FTO, except as described below with respect to approved leaves of absences. Team members can use FTO in any increment of time. It is the responsibility of each team member to ensure his or her job performance is not jeopardized and business operations are not affected by taking FTO. LVT expects team members to manage their FTO effectively by planning ahead whenever possible in order to maintain adequate coverage and continuity of business operations. Team members in jurisdictions mandating vacation in accordance with specific employment standards legislation must adhere tosuch requirements. However, aside from those obligations, team members are at liberty to decide whether they wish to take additional vacation time beyond what is required in the legislation. Accordingly, team members are expected to:
• Obtain at least two weeks advance approval of planned FTO from their manager (or person to whom they have a direct reporting relationship) and promptly inform such person when unplanned vacation or sick days are necessary.
• Communicate planned time-off in advance to their team members and be mindful of their job responsibilities and the business needs of the Company.
• Understand that due to staffing needs, sometimes, not all time off requests will be approved.
• Meet all established goals and responsibilities, despite any time off.
• Not abuse the FTO policy or act in any manner that would be contrary to the intent and purpose of the policy or set an improper example for other LVT team members.
• Not take more than 2 consecutive weeks off when using FTO.
FTO CONCURRENT WITH AN APPROVED LEAVE OF ABSENCE
Team members who want or need to take FTO for a reason that would qualify for an approved leave of absence must work with the Human Resource Department to ensure that time off is properly designated. FTO may be used concurrently during time off that qualifies for an approved leave of absence up to the following maximum limits:
• Family medical qualified leave or other state/ province disability—Up to two weeks or 80 hours may be applied to extend salary coverage during any part of family medical leave or other state/ province disability leave that is not otherwise covered by paid disability or other paid leave.
• Non-qualified medical leave—up to two weeks or 80 hours.
• Military leave (all types)—up to four weeks or 160 hours.
• Personal leave—up to two weeks or 80 hours, except for a personal leave that is taken immediately following another leave of absence.
• Other approved leave required or permitted by law—up to two weeks or 80 hours; however, team member may not receive more than 100% of his or her base wage.
PAID TIME OFF (PTO)
Non-exempt team members are eligible for PTO benefits. Full-time team members earn PTO by working at least 30 hours per week while part-time team members earn PTO by working at least 20 hours per week. Team members accrue PTO hours at each pay period, up to the maximum number of hours for which they are eligible. PTO does not accrue on time paid, but only on time actually worked and sixty (60) days after hire date and in accordance with the tables below. First year team members will receive 40 hours of PTO upfront after they hit their 60 days. Team members may then accrue an additional 2 hours of PTO every pay period throughout the remainder of their first year, for a total of 40 hours. This totals to 80 hours overall in the first year.
Part-time team members will accrue PTO hours at a rate of 50 percent (50%) of full-time team members. Total PTO is capped at 5 weeks. PTO will stop accruing after the maximum amounts noted in the tables below are reached and will begin accruing again only after the amount of PTO available to the employee has been reduced below the maximum amount. Accrued PTO is available for use sixty (60) days after hire date. To schedule vacation time, team members should submit a completed leave form through Bamboo HR at least two (2) weeks before the requested leave. The request will be forwarded to their manager. Team members must ensure that they have enough accrued leave available to cover the dates requested. Time off should not exceed more than two (2) consecutive weeks, or 10 working days. Requests will be approved based on a number of factors, including department operating and staffing requirements. The manager should return the leave request to the team member within three (3) business days of the date it is submitted indicating that the request has been approved or denied. Team members who leave LiveView Technologies will be paid out for any accrued but unused PTO.
Managers will resolve situations with multiple leave requests within department by considering factors such as:
• Departmental staffing needs
• Length of desired vacation
• Elapsed time since team member’s last five-day (or longer) vacation
• Seniority
TIME OFF WITHOUT PAY
Hourly team members are strongly encouraged to only use PTO. Any time off without pay will be approved on a case-by- case basis.
ATTENDANCE AND PUNCTUALITY
It is important to LVT and to your co-workers that you arrive promptly and regularly at work. Failure to report to work as scheduled can result in delays in production,
increased burdens on your co-workers, and may result in discipline, up to and including discharge. LVT expects all team members to be at their workstations at the start of their shifts and to remain in their work areas except during break and meal periods. Failure to arrive promptly, leaving your workstation, or leaving early are all grounds
for discipline. Team members may not clock in until 10 minutes before their shift starts and must clock out within 10 minutes after their shift ends unless authorized by a manager. Team members will not be paid for time clocked in before 10 minutes before their shift and 10 minutes after their shift. Team members with attendance problems will be counseled about their attendance by their managers.
When a team member misses work, is late, or must leave early, they are encouraged to discuss the absence with their manager. LVT recognizes that some absences are legitimate and do not support the issuance of corrective action. Not reporting to work and not calling to report the absence is a no call/no show and is a serious matter. The first instance of a no call/no show will result in a final written warning. The second separate offense may result in termination of employment with no additional disciplinary steps. A no call/no show lasting three days may be considered job abandonment and may be deemed a team member’s voluntary resignation of employment.
PAID BREAKS
Hourly team members in Utah must clock out for any breaks lasting longer than 15 minutes. The Company will allow up to 2 non consecutive paid breaks per 8
hour shift, however; the break time allowed will be dictated by the needs of individual departments.
BEREAVEMENT LEAVE
A team member who wishes to take time off due to the death of an immediate family member should notify his or her manager immediately. Bereavement leave will
be granted unless there are unusual business needs or staffing requirements. Paid bereavement leave is granted according to the following schedule:
• Team members are allowed three (3) days of paid leave in the event of the death of the team member’s spouse, child, father, mother, brother, sister, stepfather, stepmother, stepbrother, stepsister, stepson, and/or stepdaughter.
• Team members are allowed up to (1) day of paid leave to attend the funeral of in-laws, grandparents, aunts, and uncles. Team members can also take up to (4) hours of paid leave to attend the funeral of a team member.
PARENTAL LEAVE POLICY
What an exciting time to celebrate the birth or adoption of a child. Parental leave is important for all new parents to ensure a healthy relationship with their child. Employees must submit a request for parental leave at least 8 weeks in advance or as soon as practicable.
ELIGIBILITY
Employees who have either recently given birth, spouse has given birth, or recently adopted a child are eligible for parental leave. However, employees must have completed at least 12 months of continuous service with LVT prior to the leave start date to qualify for the full benefits outlined in this policy. Employees who have not completed 12 months of continuous service with LVT prior to the leave start date must sign a repayment agreement. If they choose to leave the company voluntarily within 6 months following their return from parental leave, they agree to repay half of the amount received during the leave.
LENGTH OF LEAVE
Child Bonding Leave: Employees are entitled to 2 weeks of parental leave for child bonding. If permitted by the business unit, leave may be taken intermittently within the first 12 months following the birth or adoption of a child. Medical Leave for a Birthing Parent: In addition to child bonding leave, birthing mothers are entitled to an additional 8 weeks of medical leave for recovery after childbirth. Parental leave is run concurrently with FMLA. In the case of multiples, the amount of leave does not increase.
PAY & RETURN TO WORK
During parental leave, employees will receive 100% of their base salary. This amount will be subsidized via short-term disability insurance benefits if the employee is eligible. Benefits such as health insurance, retirement contributions, and other applicable benefits will continue during the leave period. LVT is committed to supporting employees during the transition back to work. If needed, reasonable accommodations will be considered on a case by case basis, such as flexible work hours or a phased return to work.
LACTATION BREAK POLICY ELIGIBLE EMPLOYEES
All employees who are nursing mothers are eligible to take reasonable breaks under this policy to express breast milk for up to one (1) year after the birth of the employee’s child. LVT encourages all eligible employees who intend to take breaks under this policy to notify the People Operations Department of their intent when they are discussing their return to work following leave relating to childbirth.
LACTATION BREAKS
Eligible employees may take a reasonable amount of break time to accommodate their need to express breast milk for their nursing child. Eligible employees should notify their direct supervisor of the frequency, timing, and duration of lactation breaks they need to take.
Please contact the People Operations Department for information about the designated location for lactation breaks in closest proximity to your work area.
COMPENSATION DURING BREAKS
Lactation breaks under this policy are paid up to thirty (30) minutes daily. However, employees who use their designated meal/lunch/rest break times to express breast milk should let their supervisor know and employees will be compensated in accordance with the Company’s policy relating to such meal/ lunch/rest breaks.
Employees who are required to record time under the Company’s timekeeping policy must accurately record the start and end of lactation breaks on their timesheets/clock in accordance with the Company’s timekeeping policy. Uninterrupted lactation breaks do not count as hours worked. Exempt employees may be provided break time with pay when necessary to comply with state and federal wage and hour laws.
WRITTEN REQUESTS
A written request for parental leave must be submitted within a reasonable time. The team member should inform LVT of the expected duration of their parental leave so that LVT may plan around the absence efficiently until the team member’s return.
PAID LEAVE
LVT provides for paid parental leave for a period of 10 days. The team member may use any accumulated PTO days to extend their parental leave beyond the paid leave period. The team member will be paid for those designated days if they so choose.
MEDICAL INCAPACITY
A pregnant team member, at her option, may continue to work up to the delivery date, depending on the team member’s medical circumstances and the nature of the team member’s job. In the event the team member is physically incapable of performing her regular duties at any time during her pregnancy, the team member may request that they be placed on parental leave.
BENEFITS
While a team member is away from work on an approved parental leave of absence, they continue to participate in LVT’s company employee benefit programs. LVT will endeavor to return the team member to the same or equal job they had before taking parental leave. Although LVT does not guarantee a return to the identical job, the team member will suffer no loss in seniority.
JURY DUTY LEAVE
Upon receipt of notification from the state or federal courts of an obligation to serve on a jury, team members must notify their manager and provide
him/her with a copy of the jury summons. The company will pay regular full-time and regular part- time team members for time off for jury duty up to one week of pay. Additional time serving on a jury will be unpaid.
VOTING/ELECTION LEAVE
All team members should be able to vote either before or after regularly assigned work hours. However, when this is not possible due to work schedules, team members will receive up to three hours of paid leave during the work day to vote. Time off for voting should be reported and coded appropriately on timekeeping records.
ELECTION LEAVE
Team members who are chosen to serve as election officials at polling sites will be permitted to take required time off to serve in this capacity. It is incumbent on team members who are chosen to act as election officials to notify their manager a minimum of seven days in advance of their need for time off in order to accommodate the necessary rescheduling of work periods. Time engaged as an election official should be reported and coded appropriately on timekeeping records. Team members will receive full pay for the time they’re required to serve, as long as they can provide adequate evidence that they were serving at the time of absence. Such evidence may include signed documentation or documentation showing they were chosen to serve at the given time.
MEDICAL
See Family and Medical Leave Act under the Super Serious Legal Stuff section.
MILITARY
See USERRA under the Super Serious Legal Stuff section.
PERSONAL LEAVE OF ABSENCE
Team members who require time off in addition to vacation may request a personal leave of absence without pay for up to a maximum of 30 days. An extension may be approved in limited circumstances.
All regular team members employed for a minimum of 90 days are eligible to apply for an unpaid personal leave of absence. Job performance, absenteeism, and departmental requirements will all be taken into consideration before a request is approved. Please contact your manager for more information on request procedures. The team member must return to work on the scheduled return date or be considered to have voluntarily resigned from his or her employment. Extensions of leave will only be considered on a case-by-case basis.
CONFIDENTIALITY
LVT respects the privacy of our team members and as such we will commit our best efforts to upholding confidentiality revolving a Leave of Absence. In accordance with HIPPA, medical information regarding any team member will be kept confidential between the team member, People Operations, and select individuals whom the team member feels should be informed.
PROGRESSIVE DISCIPLINE
Ignorance might be bliss, but it’s not a valid excuse for breaking rules. Every team member has the duty and the responsibility to be aware of and abide by existing rules and policies—it’s literally the reason this handbook exists. LVT supports the use of progressive discipline to address issues such as poor work performance or misconduct. Our progressive discipline policy is designed to provide a corrective action process to improve and prevent a recurrence of undesirable behavior and/or performance issues. LVT reserves the right to combine or skip steps in this process depending on the facts of each situation and the nature of the offense. The level of disciplinary intervention may also vary. Some of the factors that will be considered are whether the offense is repeated despite coaching, counseling and/or training; the team member’s work record; and the impact the conduct and performance issues have on our organization.
• Verbal warning: A manager verbally counsels a team member about an issue of concern, and a written record of the discussion is placed in the employee’s file.
• Written warning: Written warnings are used for behavior or violations that a manager considers serious or in situations when a verbal warning has not helped change unacceptable behavior. Written warnings are placed in a team member’s personnel file.
• Second written warning: In cases involving only attendance problems, team members may be given a second written warning which will be placed in the personnel file. Team members will be counseled that any further violations relating to attendance may result inimmediate termination.
• Suspension: Team members may be suspended from employment, without pay, for up to thirty (30) days. In addition, an employee may be withheld from service pending investigation as to whether discipline is appropriate. If LVT determines suspension is appropriate, the team member will not be paid for the period of the suspension. If LVT determines suspension is not appropriate, or if suspension of less than the time the employee is withheld from service is appropriate, the employee will be paid for all or part of the time he or she was withheld, as appropriate.
• Performance improvement plan: Whenever a team member has been involved in a disciplinary situation that has not been readily resolved or when he/she has demonstrated an inability to perform assigned work responsibilities efficiently, the employee may be given a final warning or
placed on a performance improvement plan (PIP). PIP status will last for a predetermined amount of time not to exceed thirty (30) days. Within this time period, the employee must demonstrate a willingness and ability to meet and maintain the conduct and/or work requirements as specified by the manager and the organization. At the end of the performance improvement period, the performance improvement plan may be closed or, if established goals are not met, dismissal may occur. LVT reserves the right to determine the appropriate level of discipline for any inappropriate conduct, including oral and written warnings, suspension with or without pay, demotion and discharge.