AKINS FRESH MARKET PAID TIME OFF POLICY (PTO)



AKINS FRESH MARKET PAID TIME OFF POLICY (PTO)January 1, 20201.0Purpose and Coverage1.1Paid time off (“PTO”) is intended to compensate eligible employees who are absent from work, whatever the reason. The Company believes that time away from work can be beneficial for all individuals, and encourages all employees to use their entire PTO allowance each year. Employees with questions about any aspect of this policy are encouraged to ask their supervisor, or Human Resources.1.2This policy applies only to the Company’s “non-exempt” employees. Exempt employees are covered by other Company policies and practices 2.0Accrual2.1Employees accrue PTO for all hours worked, at the accrual rates set out below. For purposes of PTO accrual, only hours actually worked are counted; sick leave, vacations or other time away from work, even if paid, do not accrue PTO hours. 2.2Effective January 1, 2018, employees accrue 0.025 hour of PTO for every hour worked from the first day of employment. PTO will be paid at the following schedule:Employee: Start Date to 1st yr. Anniversary date;.025 hour per hour worked.Start Date to 2nd yr. Anniversary date;.025 hour per hour worked.Start Date to 3rd yr. Anniversary date;.025 hour per hour worked.Start Date to 4th yr. Anniversary date;.03846 hour per hour worked under 40 hours, .025 per hour over 40 worked hours.Start Date to 5th yr. Anniversary date;.03846 hour per hour worked under 40 hours, .025 per hour over 40 worked hours.Start Date to 6th yr. Anniversary date;.03846 hour per hour worked under 40 hours, .025 per hour over 40 worked hours.Start Date to 7th yr. Anniversary date;.03846 hour per hour worked under 40 hours, .025 per hour over 40 worked hours.Start Date to 7th yr. and beyond (years 8-70) Anniversary date is capped at the rate of .03846 per hour worked, under 40 hours, .025 per hour over 40 worked hours.2.3Employees accrue PTO at the rate in Section 2.2 on the first 40 hours worked per week. Employees working more than 40 hours in a week will accrue additional PTO, but only at the rate of 0.025 hour of PTO for each hour worked beyond 40 in a work week. 3.0PaymentAll PTO will be paid at the employee’s normal hourly compensation.4.0Use of PTO4.1Employees may use accrued PTO on the 90th day of employment. Employees must truthfully advise the Company of the reason for the use of PTO. PTO may be used for:(a)The employee’s planned time away from work for rest, vacation, or other personal reasons;(b)Holidays on which the facility at which the employee works is closed, if the employee would otherwise be scheduled to work that day;(c)The employee’s health condition, including receiving care or preventative care;(d)To care for the employee’s family member because of the family member’s health condition, including receiving care or preventative care;(e)When the facility at which the employee works, or when the employee’s child’s school or day care has been closed for health-related reasons;(f)For reasons covered by Washington’s Domestic Violence Leave law.(g)Uses covered by Sections 4.1(c) through 4.1(f) will in all cases be interpreted in accordance with RCW 49.46.21) (1)(b) and (c).4.2PTO used for vacation, personal reasons or holidays must ordinarily be used in increments of one regular day. With advance approval from the employee’s supervisor, PTO for vacation, personal reasons or holidays may be used in agreed increments of less than one day.4.3PTO used for vacation or personal reasons must be scheduled and approved at least four weeks in advance; approval may be withheld because of business needs. PTO used for vacation or personal reasons must be in writing, and presented to employees direct supervisor. 4.3.1 All PTO used cannot exceed two consecutive weeks in a row. Third week of vacation pay may be split into days, if applicable.4.3.2 Any employee laid off, leaves voluntarily or is discharged, forfeits any PTO and benefits. This PTO will be held at the company as per section 8.0.4.3.3 PTO may not be taken during a holiday week.4.3.4 Time off may be taken only if there is sufficient coverage in the department in which the employee is employed.4.3.5 Management, Assistant Managers, Department heads are not allowed to take PTO during an inventory period or a holiday period unless approved by John Akins or Nick Akins. 4.4PTO used for any of the reasons identified in Sections 4.1(c) through 4.1(f) may be used in increments of less than one day when necessary 4.5Employees are reminded that use of PTO without reasonable notice may inconvenience coworkers and our customers. Therefore, use of PTO for reasons covered by sections 4.1(c) through 4.1(f) requires reasonable advance notification as follows.(a)When an employee has reason to believe ahead of time that he or she will need to use PTO for any of the reasons covered by Sections 4.1(c) through 4.1(f) (for example, medical care scheduled in advance) the employee should provide notice of that anticipated use as soon as is practically possible. In no event should the Company be provided less than 10 days’ notice of a foreseeable use of PTO for these purposes.(b)When an employee has an unanticipated need to use PTO for any of the reasons covered by section 4.1(c) through 4.1(f) (for example, a sudden illness), the employee must provide advance notice as soon as possible. Notice must be provided prior to the start of the employee shift unless it is not practical to do so. If it is impractical for the employee to provide notice himself or herself, another person may do so on the employee’s behalf.4.6Except in unusual circumstances, which requires the Company’s approval, any absence from work for any of the reasons covered by Sections 4.1(c) through 4.1(f), or otherwise covered by the federal Family and Medical Leave Act, will require the usage of available PTO. 4.7Regular scheduled hours and PTO hours can be combined for use if they do not exceed 40 hours during a pay week (Sun-Sat). PTO is not ‘cashed out’ and cannot be used to obtain overtime hours. Total hours worked and PTO requested cannot exceed 40 hours during a pay week (Sun-Sat). 5.0Verification5.1The Company will generally require appropriate verification that PTO used for any reason covered by Section 4.1(c) through 4.1(f) was in fact used for one of those purposes, if the employee's absence extends for more than three consecutive scheduled work days. 5.2If verification under Section 5.1 is required for a reason covered by Sections 4.1(c) or 4.1(d), that verification will usually be in the form of documentation from an appropriate healthcare provider indicating the time away from work was medically necessary; the Company does not require that the documentation disclose the nature of the condition. The Company will take all appropriate measures to ensure the privacy and confidentiality of information provided in a verification.5.3If the employee believes that providing verification will create unreasonable burden or expense, the employee should go to their store manager to resolve the issue.5.4Any required verification must be produced by the employee within a reasonable time; the employee will be allowed at least 10 days to provide the required verification. If verification is required, PTO will not be paid until appropriate documentation has been provided.5.5Some absences for the reasons covered by Sections 4.1(c) and 4.1(d) may also be covered by the federal Family and Medical Leave Act. If so, ‘certification’ may be required under the terms of that law and/or the Company’s FMLA policy. If FMLA certification provides the information called for by Section 5.2 for any given absence, no further verification may be required.6.0Carry Over6.1As outlined in section 1.0, Purpose, the Company recommends that all employees use all accrued PTO every year. If, however, an employee has not used all PTO by the end of the employee’s anniversary year, the following provisions apply. 6.2 Employees will be allowed to carry over 40 hours of unused PTO after the completion of the year.6.3Carryover from one year to the next is not cumulative. That is, if an employee carries over 40 hours of unused PTO from Year 1 to Year 2, and has more than 40 hours of unused PTO at the conclusion of Year 2, the employee may still only carry over 40 hours to Year 3. 7.0PTO Termination Payment7.1 There is no payment of PTO upon termination or resignation. All accrued PTO will be forfeited and will be held at the company per the policies set forth in Section 8.0. 8.0Reinstatement of PTO upon Return to EmploymentIf an employee with at least 90 days of service with the Company returns to employment with the Company within twelve months of his or her previous separation, any unused PTO (not counting PTO hours paid out pursuant to Section 7) will be credited to the employee. An employee with at less than 90 days of service with the Company who returns to employment with the Company within twelve months of his or her previous separation will be credited for the days previously worked for purposes of determining when the employee may access PTO.9.0Falsification of Claim for PTOAn employee who claims use of PTO for any of the reasons covered in section 4.1(c) through 4.1(f) must do so truthfully and completely. Any falsification of a claim for PTO for those purposes will be treated as a serious instance of misconduct, and subject to all appropriate discipline up to and including termination.10.0Non-retaliationThe Company desires for all employees to utilize all available PTO. The Company will not retaliate against any employee in any way for any lawful use of PTO.11.0NotificationEvery pay period, at least monthly, the Company will provide each employee with notice of PTO that has been accrued during the previous period, PTO that has been used during the previous period, and remaining PTO balance. Employees must regularly review their PTO statements, and bring any perceived discrepancies to the Company's attention immediately.12.0PTO Donation 12.1Employees may not donate accrued, unused PTO to other employees. 13.0Frontloading 13.1The Company does not allow employees to frontload or ‘borrow’ PTO, however, there will be a one-time exception during the calendar year of 2018 for those employees whose Vacation will be affected by the switch over from the old Vacation policy to the new PTO policy, effective, January 1, 2018. This exception will be on a case by case basis, and Frontloading for employees will be at the sole discretion of Akins Fresh Market. 13.2Any employees who have ‘borrowed’ or frontloaded Vacation under the company’s current policy, is required to sign the Reimbursement Agreement. Which will be provided to the employees that have previously ‘borrowed’ or frontloaded Vacation time. 13.3If the employee uses frontloaded PTO in excess of the amount the employee has accrued as of the time PTO is used, PTO accrued thereafter will be utilized to replenish the employee’s PTO balance at the normal accrual rates.13.4If, at the end of time period that corresponds to accrual of X PTO, the employee has accrued PTO in excess of the amount frontloaded, the employee will be credited for additional PTO to equalize the amount actually accrued.13.5In the event the employee leaves employment with a negative PTO balance, the excess accrued PTO hours will be deducted from the employee’s final pay pursuant to the Reimbursement Agreement. The employee acknowledges that the excess PTO used amounts to an advance on pay, and reimbursement from the employee’s final paycheck pursuant to the Reimbursement Agreement is appropriate. Reimbursement AgreementI ____________________, acknowledge that I am being credited with [X] hours of PTO that I have not yet earned, and that crediting this PTO to me in advance is for my own benefit. I agree that in the event I leave my employment with the Company having used more PTO then I have accrued at the rate set out in Section 2.2 of the Company's PTO policy, I will be required to reimburse the Company for all excess PTO I used but had not accrued.I agree that all such PTO hours may be deducted at my normal hourly compensation from my final paycheck_________________Print Employee Name_________________Date Signed ................
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