Draft 4 12/28/2016

Employee Handbook

Table of Contents

1. Welcome

1.1. Purpose of Handbook

1.2. History, Goals & Culture

1.3. At-Will Employment

2. Workplace Commitments

2.1. Equal Opportunity Employment

2.2. Non-Harassment / Non-Discrimination

2.3. Drug Free / Alcohol Free

2.4. Open Door Policy

3. Company Policy and Procedures

3.1. Code of Professional Conduct

3.2. Cell Phone Use

3.3. Dress Code

3.4. Payday

3.5. Company Property & Material

3.6. Privacy

3.7. Personnel Files

3.8. Banned Substances

3.9. Driving Policies

3.10. Side Work / Moonlighting

3.11. Tobacco Use

4. Employment Classification

4.1. Exempt

4.2. Non-Exempt

4.3. Part-Time, Full-Time or Temporary Status

5. Attendance Policies

5.1. General Attendance

5.2. Breaks

6. Leave Policies

6.1. Earned Time

6.2. Vacation

6.3. Sick Leave

6.4. Family and Medical Leave Act

6.5. Holidays

6.6. Jury Duty

6.7. Voting

6.8. Military Leave

6.9. Leave of Absence

7. Work Performance

7.1. Expectations

7.2. Reviews

7.3. Insubordination

8. Discipline Policy

8.1. Grounds for Disciplinary Action

8.2. Procedures

8.3. Termination

9. Employee Health and Safety

9.1. Workplace Safety

9.2. Workplace Security

9.3. Emergency Procedures

10. Benefits

10.1. Health Insurance

10.2. Retirement Plans

10.3. Worker’s Compensation

11. Termination Policies

11.1. Voluntary Termination

11.2. Final Paycheck

11.3. Exit Interview

Section 1 - Welcome

1.1 Purpose of this Handbook

This handbook has been prepared to inform new employees of the policies and procedures of this company and to establish Landcrafters, LLC’s expectations. It is not all inclusive or intended to provide strict interpretations of our policies; rather, it offers an overview of the work environment. This handbook is not a contract, expressed or implied, guaranteeing employment for any length of time and is not intended to induce an employee to accept employment with the company.

The company reserves the right to unilaterally revise, suspend, revoke, terminate or change any of its policies, in whole or in part, whether described within this handbook or elsewhere, at its sole discretion. If any discrepancy between this handbook and current company policy arises, conform to current company policy. Every effort will be made to keep you informed of the company’s policies, however we cannot guarantee that notice of revisions will be provided. Feel free to ask questions about any of the information within this handbook.

This handbook supersedes and replaces any and all personnel policies and manuals previously distributed, made available or applicable to employees.

1.2 History, Goals & Culture

History, Goals & Culture

Landcrafters, LLC has been serving coastal Maine with some of the highest quality landscape creations since 1983. Our customer service, professionalism and craftsmanship are precisely why we are recommended to new clients/architects, and receive invitations for repeat work with existing clients. Some of our clients have been inviting us back to their properties, year after year, for over 30 years now.

David Jewell’s emphasis on quality work, produced by quality people with a sustainable approach has been the recipe for success thus far. David started Landcrafters, LLC with Mike Lynch in 1983, shortly thereafter taking over complete operations, management and ownership of Landcrafters, LLC. Having grown his company through some of the harshest economic downturns, David has established a broad range of services that can be performed at an expert level by many of his more tenured employees.

Landcrafters, LLC’s main goal is company growth by providing landscaping services at the highest level, without compromising on our native/sustainable philosophy. Keeping true to his goal, David Jewell has placed an emphasis on employee growth and retention. Many of our senior employees have gained a majority(or all) of their industry experience within Landcrafters, LLC. In an industry with astronomical turnover rates, this is a testament both to the culture and atmosphere within the company, as well as Landcrafters, LLC’s dedication to employee growth and advancement.

Landscaping is an extremely competitive industry. You’re always one job away from a bad reputation and there is always a ‘new guy’ with a lawnmower and a small trailer who is ready, willing and able to undercut anyone with overhead. That is why our work ethic, consistency, professionalism and diligence is so imperative to keeping our quality up and at a competitive rate. Being able to do all of this, have everyone go home safe and show up happy the next day has been invaluable to the growth of Landcrafters, LLC.

Work smarter not harder. Have a sense of humor. Learn something new every day.

1.3 At-Will Employment

Employment at this company is at-will. An at-will employment relationship can be terminated at any time, with or without reason or notice by either the employer or the employee. This at-will employment relationship exists regardless of any statements by office personnel to the contrary. Only David Jewell is authorized to modify the at-will nature of the employment relationship, and the modification must be in writing.

Section 2 – Workplace Commitments

2.1 Equal Opportunity Employment

This company is an equal opportunity employer and does not unlawfully discriminate against employees or applicants for employment on the basis of an individual’s race, color, religion, creed, sex, national origin, age, disability, marital status, veteran status or any other status protected by applicable law. This policy applies to all terms, conditions and privileges of employment, including recruitment, hiring, placement, compensation, promotion, discipline and termination.

Whenever possible, the company makes reasonable accommodations for qualified individuals with disabilities to the extent required by law. Employees who would like to request a reasonable accommodation should contact David Jewell.

2.2 Non-Harassment Policy / Non-Discrimination Policy

This company prohibits discrimination or harassment based on race, color, religion, creed, sex, national origin, age, disability, marital status, veteran status or any other status protected by applicable law. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and is free from discriminatory practices, including without limitation harassment. Consistent with its workplace policy of equal employment opportunity, the company prohibits and will not tolerate harassment on the basis of race, color, religion, creed, sex, national origin, age, disability, marital status, veteran status or any other status protected by applicable law. Violations of this policy will not be tolerated.

Discrimination includes, but is not limited to: making any employment decision or employment related action on the basis of race, color, religion, creed, age, sex, disability, national origin, marital or veteran status, or any other status protected by applicable law.

Harassment is generally defined as unwelcome verbal or non-verbal conduct, based upon a person’s protected characteristic, that denigrates or shows hostility or aversion toward the person because of the characteristic, and which affects the person’s employment opportunities or benefits, has the purpose or effect of unreasonably interfering with the person’s work performance, or has the purpose or effect of creating an intimidating, hostile or offensive working environment. Harassing conduct includes, but is not limited to: epithets; slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes and display or circulation in the workplace of written or graphic material that denigrates or shows hostility or aversion toward an individual or group based on their protected characteristic.

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal, visual or physical conduct of a sexual nature, when:

1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

2. submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

3. such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

Examples of sexual harassment include: unwelcome or unsolicited sexual advances; displaying sexually suggestive material; unwelcome sexual flirtations, advances or propositions; suggestive comments; verbal abuse of a sexual nature; sexually oriented jokes; crude or vulgar language or gestures; graphic or verbal commentaries about an individual’s body; display or distribution of obscene materials; physical contact such as patting, pinching or brushing against someone’s body; or physical assault of a sexual nature.

Reporting:

Any company employee who feels that he or she has been harassed or discriminated against, or has witnessed or become aware of discrimination or harassment in violation of these policies, should bring the matter to the immediate attention of his or her supervisor, office staff or David Jewell. The company will promptly investigate all allegations of discrimination and harassment, and take action as appropriate based on the outcome of the investigation. An investigation and its results will be treated as confidential to the extent feasible, and the company will take appropriate action based on the outcome of the investigation.

No employee will be retaliated against for making a complaint in good faith regarding a violation of these policies, or for participating in good faith in an investigation pursuant to these policies. If an employee feels he/she has been retaliated against, the employee should file a complaint using the procedures set forth above.

2.3 Drug-Free / Alcohol-Free Environment

Employees are prohibited from unlawfully consuming, distributing, possessing, selling, or using controlled substances while on duty. In addition, employees may not be under the influence of any controlled substance, such as drugs or alcohol, while at work, on company premises or engaged in company business.

Landcrafters, LLC’s banned substances agreement is accepted upon receipt of this handbook. The policy can be found in section 3.8 of this handbook.

Anyone violating this policy may be subject to disciplinary action, up to and including termination.

2.4 Open Door Policy

The company has an open door policy and takes employee concerns and problems seriously. The company values each employee and strives to provide a positive work experience. Employees are encouraged to bring any workplace concerns or problems they might have or know about to their supervisor or some other member of management.

Section 3 – Company Policies and Procedures

3.1 Professional Conduct

This company expects its employees to adhere to a standard of professional conduct and integrity. This ensures that the work environment is safe, comfortable and productive. Employees should be respectful, courteous, and mindful of others’ feelings and needs. General cooperation between coworkers and supervisors is expected.

Individuals who act in an unprofessional manner may be subject to disciplinary action.

3.2 Cell Phone Use

Personal phone calls should be kept to a minimum while on company time. When possible they should be made either on break, or while riding as a passenger to or from the jobsites. In the event that an emergency phone call must be made/answered, the employee should remove themselves from the work area and try to keep the length of the conversation to a minimum. Frequent phone calls that negatively impact safety, company image, production, quality, professionalism or moral will not be tolerated and may result in disciplinary action.

Texting must be kept to a minimum while on company time. Texting at lunch, or while riding as a passenger is perfectly acceptable. Frequent texting that negatively impacts safety, company image, production, quality, professionalism or morale will not be tolerated and may result in disciplinary action.

3.3 Dress Code

An employee’s personal appearance and hygiene is a reflection on the company’s character. Employees are expected to dress appropriately for their individual work responsibilities and position.

Proper work attire (boots, work pants, rain-gear, etc.) are required to maintain employee safety as well as Landcrafters, LLC’s company image.

3.4 Payday

Paychecks are distributed every Friday. If the pay date lands on a holiday, paychecks will be distributed on the closest business day before the holiday.

The paycheck will reflect work performed for the prior weekly pay period. Paychecks include salary or wages earned less any mandatory or elected deductions. Mandatory deductions include federal or state withholding tax, and other withholdings. Elected deductions are deductions authorized by the employee, and may include, for example, contributions to benefit plans. Employees may contact office staff to obtain the necessary authorization forms for requesting additional deductions from their paychecks.

Direct deposit is available to all full-time employees who have completed their probationary period. Please contact office staff with any questions or inquiries.

Notify office staff if the paycheck appears to be inaccurate or if it has been misplaced.

The company reserves the right to charge a replacement fee for any lost paychecks. Advances on paychecks are not permitted. Information regarding final paychecks can be found under the termination section of this handbook.

Any change in name, address, telephone number, marital status or number of exemptions claimed by an employee must be reported to office staff immediately.

3.5 Company Property

Company property, such as tools, materials, equipment, vehicles, telephones, computers, and software, is not for private use. These devices are to be used strictly for company business, and are only permitted off site for company business unless authorized. Company property shall not be used for employee’s side work/moonlighting projects. Company property must be used in the manner for which it was intended. Upon termination, employees are required to surrender any company property they possess.

Employees are reminded that they should have no expectation of privacy in their use of company property.

Violations of these policies could result in disciplinary action.

3.6 Privacy

Employees and employers share a relationship based on trust and mutual respect. However, the company retains the right to access all company property including computers, desks, file cabinets, storage facilities, and files and folders, electronic or otherwise, at any time. Employees should not entertain any expectations of privacy when on company grounds or while using company property.

All documents, files, voice-mails and electronic information, including e-mails and other communications, created, received or maintained on or through company property are the property of the company, not the employee. Therefore employees should have no expectation of privacy over those files or documents.

3.7 Personnel Files

The company maintains a personnel file on each employee. These files are kept confidential to the extent possible. Employees may review their personnel file upon request.

It is important that personnel files accurately reflect each employee’s personal information. Employees are expected to inform the company of any change in name, address, home phone number, home address, marital status, number of dependents or emergency contact information.

3.8 Banned Substances

Banned substances: Alcohol, Marijuana and any locally or federally banned substance

No employee shall possess or participate in the use/consumption of banned substances during work hours at Landcrafters, LLC.

No employee shall possess or participate in the use/consumption of banned substances on a property owned, leased or operated on by Landcrafters LLC.

No employee shall arrive to work at Landcrafters LLC under the influence of any banned substance.

Disciplinary action

If an employee does use/consume or possess any banned substance, they will be removed from work for the day, they will then be instructed to leave the premises immediately. Further ‘Suspension’ and disciplinary action will be enforced at Landcrafters LLC’s discretion.

Earned time will not be applicable to any pay period in which any disciplinary action has been issued. Any request for the use of earned time during a pay period in which a disciplinary action was taken will be rejected.

A reported employee may offer to empty their pockets and their belongings to help express the absence of any banned substance. The validity of such an instance will be decided at Landcrafters LLC’s discretion.

In the occurrence that an employee is under the influence of a banned substance upon arrival in the morning, similar disciplinary action may be taken, and will be issued at Landcrafters LLC’s discretion.

Reporting a transgression

If someone is in possession of or using/consuming any banned substance they will be immediately reported to the site supervisor, who then has the authority to relieve the employee(s) from their duties and instruct them to leave the premises.

If you are reporting a senior employee or supervisor, then call David Jewell or the Office and the necessary steps will be taken.

If there is any question as to who the site supervisor is, then call David Jewell or the Office and the necessary steps will be taken.

If an employee threatens to or becomes violent, then local law enforcement may be called to help ensure the safety of the crew and the public.

3.9 Driving Policies

There’s a lot of responsibility that comes with driving for Landcrafters, LLC. Driving is vital for production and is our biggest form of ‘Day to Day Advertising’. It is critically important that we continue to cultivate a professional, capable and courteous image with the public, therefore it is vital that our drivers maintain a safe and efficient driving record with company trucks.

Landcrafters, LLC follows Federal guidelines in regards to transportation.

Landcrafters, LLC provides vehicles for use by qualified drivers only to conduct official business, and to maintain the ability to respond to Landcrafters, LLC business outside the employee's normal work hours when special equipment or tools are available in or on the vehicle. Landcrafters, LLC vehicles shall not be used for personal business, and all use except for official Landcrafters, LLC business is strictly prohibited.

Becoming a ‘Driver’ at Landcrafters, LLC

New employees will have a background check on their Driver’s License. This is done by our insurance company. They go through this process to decide whether or not they (the insurance company) will be willing to ‘insure’ the employee as a new driver on our policy.

Once accepted by our insurance company a driving test will be given to the employee to ensure that they can safely operate our vehicles.

If the background check differs from the information shared in their job interview, then there may be disciplinary action or termination.

All traffic laws are to be obeyed at all times. This is the responsibility of each driver and is part of their agreement with Landcrafters, LLC. Any traffic fines will be paid by the offending driver and could result in loss of driving responsibilities.

Employees are to report any traffic incidents (professional and personal) as soon as practical in order for Landcrafters, LLC to maintain it’s insurance.

Securing loads on trucks and trailers is the responsibility of the driver.

Any incident resulting in physical damage to any persons or property must be reported to David Jewell immediately and must also be submitted in writing to the office staff.

Texting while driving

Texting while driving is unsafe, unprofessional and against company policy. Texting while driving company vehicles is not permitted and will not be tolerated. We expect all of our drivers to obey all laws of the road.

Phone calls while driving

Placing calls while driving is not permitted, unless, the driver is using a ‘Hands Free’ device that requires one or no tactile commands. It is illegal to make phone calls while driving commercial vehicles, unless, it is done with a ‘Hands Free’ device that requires one or no tactile commands.

Answering calls while driving is not permitted, unless, the driver is using a ‘Hands Free’ device that requires one or no tactile commands. It is illegal to make phone calls while driving commercial vehicles, unless, it is done with a ‘Hands Free’ device that requires one or no tactile commands

The only exception would be in the case of an emergency. If there is an emergency that must be addressed, then pulling over to make a phone call, and allowing someone else to drive (if possible) would be ideal.

Landcrafters, LLC conducts checks driving history on employees once a year.

Losing the title of ‘Driver’ could result in disciplinary action.

3.10 Side Work/Moon Lighting

Side Work / Moonlighting

Side work is the act of conducting business for one’s own profit while employed.

Moonlighting is the act of working one or more additional jobs while employed.

Side work and moonlighting is perfectly acceptable provided there is zero burden, liability or loss imposed on Landcrafters, LLC.

The use of Landcrafters, LLC’s property, tools, equipment, materials or accounts, for business other than Landcrafters, LLC’s own is prohibited.

Instances where side work / Moonlighting are inappropriate and therfore prohibited:

Employees are no longer able to work in a safe and productive manner for Landcrafters, LLC

Employees are no longer able to work the hours agreed upon when hired by Landcrafters, LLC

Employees are doing business for or with Landcrafters, LLC’s clients and or competition

Employee is working on a project during Landcrafters, LLC’s hours of operation

3.11 Tobacco Use

In the interest of the health of our employees as well as our company image, Landcrafters, LLC recognizes the need for a policy regarding tobacco use. The policy is as follows:

No smoking in the shop or Landcrafters, LLC owned buildings
Obey all no smoking signs at all times (Fueling stations, trucks, equipment, property, etc.)
No tobacco use within 25 feet of a client’s residence (Smoking or smokeless tobacco)
No tobacco use while in the line of sight of any client (Smoking or smokeless tobacco)
Anyone has the right to ask you to refrain from smoking and compliance is expected
Supervisors and managers must use discretion when it comes to appropriate tobacco use as some sites are more restrictive

These rules are expected to be upheld by those on the crew as well as supervisors and managers. This benefits the employees in multiple ways (health, financial, etc.) while also projecting a clean and responsible company image to our clients, associates and general public.

Section 4 - Employment Classification

This company assigns positions, determines wages and compensates employees for overtime in accordance with state and local laws and the Fair Labor Standards Act.

4.1 Exempt Employees

Exempt employees are those that are excluded from the overtime pay requirements of the Fair Labor Standards Act. Exempt employees are paid a salary and are expected to work beyond their normal work hours whenever necessary to accomplish the work of the company. Exempt employees are not eligible to receive overtime compensation. Employees should consult with an administrator if they have questions regarding their classification as an exempt employee.

4.2 Non-Exempt Employees

Non-exempt employees are those eligible for overtime pay of 1.5 times the regular hourly rate of pay for all hours worked over 40 per work week. All overtime must be approved in advance. Employees should consult with an administrator if they have questions regarding their classification as a non-exempt employee.

4.3 Part Time, Full Time or Temporary Status

Part-time or full-time status depends on the number of hours per week an employee was hired to work. Employees who were hired to work fewer than 40 hours per week receive part-time classification. Part-time employees are not eligible to enroll in Landcrafters, LLC’s healthcare program. Part-time employees are not eligible to accrue paid time off benefits as described in this handbook. Employees who are/were hired to work at least 40 hours per week receive full-time classification and are eligible to participate in all employee benefits as described in this handbook.

From time to time the company may hire employees for specific projects or periods of time. Temporary employees may work either part-time or full-time, but generally are scheduled to terminate by a certain date. Temporary employees who remain on duty past the scheduled termination remain classified as temporary. Only David Jewell may change an employee’s temporary status. Temporary employees are not eligible for employment benefits.

Section 5 – Attendance Policies

5.1 General Attendance

The company maintains normal working hours beginning at 7:00am Monday - Friday. Hours may vary depending on work location and job responsibilities. David Jewell or Management will provide employees with their work schedule. Should an employee have any questions regarding his/her work schedule, the employee should contact David Jewell or the office staff.

Landcrafters, LLC cannot tolerate absenteeism or tardiness without excuse. Employees who will be arriving late or absent from work must notify office staff in advance, or as soon as possible in the event of an emergency. Notifying the office staff in advance is necessary when possible. Reaching out to the office staff when running late is mandatory. Office staff can be reached at (207) 443-9789. Chronic absenteeism or tardiness may result in disciplinary action. Failure to report directly to the office in the event of an absence may result in disciplinary action.

Employees who need to leave early, for illness or otherwise, must inform their supervisor AND David Jewell or the office staff before departure. Unauthorized departures may result in disciplinary action.

Scheduling is a constant burden shouldered by Landcrafters, LLC. In many cases, projects agreements include status updates and deadlines. That is why the above mentioned is so critical. In order to schedule and function efficiently Landcrafters, LLC must rely on consistent performance and attendance from the crew. Attendance inconsistencies lead to shuffling of the scheduling which in turn can result in a drop in efficiency, loss of profits, missed deadlines, voiding of contracts and even loss of clients or projects. It is in fact possible for Landcrafters, LLC to be ‘FIRED’ by anyone of our clients and for any reason they so choose. Giving a client what they want and when they want it helps keep them happy. Happy clients usually pay their bills, and so forth.

5.2 Breaks / Personal Business

Every employee is required to take a 30 minute unpaid break for lunch at 12:00 noon. These breaks take place on site and company vehicles may not be used to travel for personal business.

Sometimes it is more practical to take lunch a little early or a little late. These situations do arise, but it should not be routine.

Example: If a crew finishes their first job at 11:30am, before driving to their next job site, it would be more practical to take an early lunch prior to leaving the first site.

Sometimes breaks are required in harsh weather. Specifically, during very hot and humid weather. Breaks can be necessary to keep hydrated and get out of the sun. This, in part, is why Landcrafters, LLC promotes methods to ‘Work the Weather’, trying to work in exposed areas earlier in the day, while saving work in shady areas for the hotter hours.

While breaks can be necessary for safety, employees at Landcrafters, LLC enjoy being paid for their time in company trucks. We can continue to offer paid drive time, so long as our policy on breaks is not abused.

Store Visits

Stopping at stores for personal business, while on company time, is prohibited. Stopping at a store with the sole purpose to conduct personal business could result in disciplinary action for the driver and passengers alike.

In the event a crew must stop for company business (Fill gas cans, purchase supplies, etc.), personal business shall not take precedent or impede on Landcrafters, LLC’s business at hand.

Example A: Someone purchases a coffee while a truck is getting fueled up. This may be acceptable IF the personal business of purchasing a coffee is completed before the truck is fueled up and ready for departure.

Example B: A lone crew member stops to fuel a truck up and proceeds to purchase a coffee prior to fueling the truck. This is unacceptable as it is allowing personal business, on company time that precedes the business of Landcrafters, LLC.

Example C: A crew stops to fuel a truck up. One crew member sits in the truck, while another goes in for a coffee. The driver fuels the truck up. The crew member returns to the truck with their coffee, then the driver finishes fueling up the truck and decides to enter the store to purchase a coffee. This is unacceptable because after fueling the truck, the driver has now halted Landcrafters, LLC’s business while they conduct personal business. If it takes the driver five minutes to complete their transaction, then that transaction directly costs Landcrafters, LLC fifteen minutes in labor costs, or ¼ ‘Man Hour’, while also indirectly costing Landcrafters, LLC ¼ hour of lost production.

For a crew of 3: 1 store visit, for 5 minutes a day (¼ hour of wages), 4 days a week, for 52 weeks a year:

.25 x 4 x 52 = 52 hours of direct labor costs AND 52 hours of lost production

That is 52 hours of billable labor that can’t be invested in the company, equipment or crews.

Section 6 – Leave Policies and Earned Time

6.1 Earned time

Full time employees earn paid time off on an accrual basis. This is based on working 40 hours a week for 50 weeks. While new full time employees begin accruing time on their first day, their accrued time becomes available for use after they stay with us, full time, for a year.

The max accrual rates:

Sick time: 16 Hours a year

Holiday Pay: 48 Hours a year

Vacation: 40 Hours a year (First 5 Years); 80 Hours a year (5-10 Years); 120 Hours a year (10+ years)

An eligible full-time employee can check their pay-stub for their available earned time.

6.2 Vacations

The company provides, as a benefit, paid vacations for its eligible employees. Forward requests for time off in advance to David Jewell AND office staff, who may approve or deny the request based on company resources. The company is flexible in approving time off when doing so would not interfere with company operations. Vacation days are granted only on a full day or half-day basis. (4 hours or 8 hours)

Requests need to be made at least three weeks prior to the period an employee is requesting off. This will help expedite approval/rejections decisions. No employee shall exceed 1 week of vacation, paid or otherwise, per four month season.

Paid vacation time is meant to be used on a yearly basis. Barring any extreme circumstances, Landcrafters, LLC must approve a request for time off in order for an employee to utilize their vacation pay. Vacation requests must be made no less than 3 weeks prior to the intended period. If a vacation is not approved, then any request for vacation time will be rejected. Time off must be approved by David Jewell AND be marked on the office calendar. It is the employee’s responsibility to seek out David Jewell for clearance. It is the employee’s responsibility to make sure the time is marked properly on the office calendar.

Paid vacation time may only be used in half or full day increments. Half days are equal to 4 hours and are reserved exclusively for days where employees have scheduled an early leave time. Full days are equal to 8 hours and are reserved for days where employees have scheduled full days off.

6.3 Sick Leave

Situations may arise where an employee needs to take time off to address medical or other health concerns. The company requests that employees provide notification to the office as soon as practicable when taking time off. Sick days are compensated based on time accrued and work available to regular employees. Employees may consult Office Staff regarding the amount of (paid) sick leave provided each year. Sick days may not be carried over into the next year. Abuse of this policy may result in disciplinary action.

Sick time is reserved for illness and emergency situations only. Sick time is the only portion of an employee’s earned time that may be used without prior notice.

Sick days may only be used in half or full day increments. Half days are equal to 4 hours. Full days are equal to 8 hours.

If an employee misses more than 3 consecutive days they may be required to provide a note from their doctor.

6.4 Family and Medical Leave Act Leave

The company offers leave consistent with the requirements of the federal Family and

Medical Leave Act (FMLA). Under the FMLA, an employee may be eligible for an

unpaid family and medical leave of absence under certain circumstances, if the employee works within a seventy-five (75) mile radius of fifty (50) or more company employees.

Under the federal FMLA, a person who has worked as an employee of this company for at least 1,250 hours for twelve months is eligible for FMLA leave. Up to twelve weeks of unpaid leave per year is available for the following reasons:

- The birth of a child and to care for the newborn child;

- Placement of a child into adoptive or foster care with the employee;

- Care for a spouse, son, daughter or parent who has a serious health condition; or - Care for the employee’s own serious health condition.

If the need for leave is foreseeable, employees should notify a supervisor 30 days prior to taking FMLA leave. If the need for FMLA leave arises unexpectedly, employees should notify office staff as soon as practicable, giving as much notice to the company as possible.

Employees may be required to provide: medical certifications supporting the need for leave if the leave is due to a serious health condition of the employee or employee’s family member; periodic recertification of the serious health condition; and periodic reports during the leave regarding the employee’s status and intent to return to work. Employees must return to work immediately after the serious health condition ceases, and employees who have taken leave because of their own serious health condition must submit a fitness-for-duty certification before being allowed to return to work.

Leave may be taken on an intermittent or reduced schedule to care for an illness; yet, may not be taken intermittently for the care of a newborn or newly adopted child. When leave is taken intermittently, the company may transfer the employee to another position with equivalent pay and benefits, which is better suited to periods of absence.

Subject to certain conditions, the employee or the company may choose to use accrued paid leave (such as sick leave or vacation leave) concurrent with FMLA leave.

The company will maintain group health insurance coverage for an employee on family and medical leave on the same terms as if the employee had continued work. If applicable, arrangements will be made for the employee to pay their share of health insurance premiums while on leave. The company may recover premiums paid to maintain health coverage for an employee who fails to return to work from family and medical leave.

If an employee would like the company to maintain other paid benefits during the period of leave, premiums and charges which are partially or wholly paid by the employee must continue to be paid by the employee during the leave time.

Family and medical leave will not result in the loss of any employment benefit accrued prior to the date on which the leave commenced. However, an employee on family and medical leave does not continue to accrue benefits (e.g., sick leave or vacation leave) during the period of family and medical leave. Questions regarding particular benefits should be directed to office staff.

Upon returning from FMLA leave, an employee will be restored to his/her original job or an equivalent job with equivalent benefits, pay, seniority, and other employment terms and conditions as provided by the Family and Medical Leave Act.

6.5 Holidays

Holiday pay is intended to be used for each paid holiday including: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day. Holiday pay may not be used in any other instance.

Holiday pay may only be used in full day (8 Hour) increments. In the case that an employee has less than 8 Hours accrued on a holiday, all of their accrued holiday time will be used on that given holiday.

Landcrafters, LLC wants everyone to enjoy their time off and holidays as much as possible. Proper requests for time off before or after holidays will be treated as any other request for time off, however any unrequested absence the day before or the day after a paid holiday will not warrant the use of any type of earned time. In such an instance, any request to utilize earned time will be rejected along with any request for Holiday pay.

The company observes the following holidays:

- New Year’s Day

- Memorial Day

- Independence Day

- Labor Day

- Veteran’s Day (Military Veteran’s only)

- Thanksgiving

- Christmas Day

Holidays are observed on an accrued time basis for all eligible employees.

6.6 Jury Duty Time Off

The company understands that occasionally employees are called to serve on a jury. Employees who are selected for jury duty must provide a copy of their jury summons to a supervisor. Time taken for jury duty is granted on an unpaid basis. Accrued time may be used in the case of jury duty and may be approved based on circumstance.

6.7 Voting Time Off

Employees are encouraged to participate in elections. The company grants incremental time off to cast a ballot in an election. Voting time off is granted on an unpaid basis. Should extenuating circumstances arise while voting, notify a supervisor as soon as possible.

6.8 Military Leave

Employees called to active military duty, military reserve or National Guard service may be eligible to receive time off under the Uniformed Services Employment and Reemployment Rights Act of 1994. To receive time off, employees must provide notice and a copy of their report orders to an immediate supervisor. Military leave is granted on an unpaid basis. Upon return with an honorable discharge, an employee may be entitled to reinstatement and any applicable job benefits they would have received if present, to the extent provided by law.

6.9 Leave of Absence

Regular full-time employees may request an unpaid leave of absence after the exhaustion of paid leave. A request for a leave of absence must be made to David Jewell AND the office staff.

Leave of absences that are granted are unpaid, and will not be considered until an employee has exhausted all appropriate accrued leave balances. Continuation of employee benefits during a leave of absence will be addressed on an individual basis, as required by law.

Section 7 – Work Performance

7.1 Expectations

The company expects every employee to act in a professional manner. Satisfactory performance of job duties and responsibilities is key to this expectation. Employees should attempt to achieve their job objectives, and act with diligence and consideration at all times. Poor job performance can result in disciplinary action, up to and including termination.

7.2 Reviews

David Jewell and Management may periodically evaluate an employee’s performance. The goal of a performance review is to identify areas where an employee excels and areas that need improvement. The company uses performance reviews as a tool to determine morale, training, pay increases, promotions and/or terminations.

All performance reviews are based on merit, achievement and other factors may which include but are not limited to:

- Quality of work

- Attitude

- Knowledge of work

- Job skills

- Attendance and punctuality

- Teamwork and cooperation

- Compliance with company policy

- Past performance reviews

- Improvement

- Acceptance of responsibility and constructive feedback

Employees should note that a performance review does not guarantee a pay increase or promotion. Written performance evaluations may be made at any time to advise employees of unacceptable performance. Evaluations or any subsequent change in employment status, position or pay does not alter the employee’s at will-relationship with the company.

Forward any questions about performance expectation or evaluation to the supervisor conducting the evaluation.

7.3 Insubordination

Supervisors and employees should interact with mutual respect and common courtesy. Employees are expected to take instruction from supervisors or other persons of authority. Failure to comply with instructions or unreasonably delaying compliance is considered insubordination. Acts of insubordination are subject to disciplinary action, up to and including termination.

If an employee disagrees with a supervisor, the employee should first try to mediate the situation by explaining their position. If possible, a compromise may be met and accusations of insubordination avoided.

Section 8 – Discipline Policy

8.1 Grounds for Disciplinary Action

The company reserves the right to discipline and/or terminate any employee who violates company polices, practices or rules of conduct. Poor performance and misconduct are also grounds for discipline or termination.

The following actions are unacceptable and considered grounds for disciplinary action. This list is not comprehensive; rather, it is meant merely as an example of the types of conduct that this company does not tolerate. These actions include, but are not limited to:

- Engaging in acts of discrimination or harassment in the workplace;

- Violating Landcrafters, LLC’s signed ‘Banned Substances’ agreement;

- Unauthorized use of company property, equipment, devices or assets;

- Damage, destruction or theft of company property, equipment, devices or assets;

- Removing company property without prior authorization or disseminating company information without authorization;

- Falsification, misrepresentation or omission of information, documents or records;

- Lying;

- Insubordination or refusal to comply with directives;

- Failing to adequately perform job responsibilities;

- Excessive or unexcused absenteeism or tardiness;

- Disclosing confidential or proprietary company information without permission;

- Illegal or violent activity;

- Falsifying injury reports or reasons for leave;

- Possessing unauthorized weapons on premises;

- Disregard for safety and security procedures;

- Disparaging or disrespecting supervisors and/or co-workers; and

- Any other action or conduct that is inconsistent with company policies, procedures, standards or expectations.

This list exhibits the types of actions or events that are subject to disciplinary action. It is not intended to indicate every act that could lead to disciplinary action. The company reserves the right to determine the severity and extent of any disciplinary action based on the circumstances of each case.

8.2 Disciplinary Action

Disciplinary action is any one of a number of options used to correct unacceptable behavior or actions. Discipline may take the form of oral warnings, written warnings, probation, suspension, demotion, discharge, removal, termination or some other disciplinary action, in no particular order. The course of action will be determined by the company at its sole discretion as it deems appropriate. All requests to utilize accrued time during a disciplinary period will be rejected.

8.3 Termination

Employment with the company is on an at-will basis and may be terminated voluntarily or involuntarily at any time.

Upon termination, an employee is required:

- to continue to work until the last scheduled day of employment;

- to return all Landcrafters, LLC property;

- to participate in an exit interview as requested by David Jewell and/or office staff.

Section 9 – Health and Safety

9.1 Workplace Safety

Landcrafters, LLC takes every reasonable precaution to ensure that employees have a safe working environment. Safety measures and rules are in place for the protection of all employees. Ultimately, it is the responsibility of each employee to help prevent accidents. To ensure the continuation of a safe workplace, all employees should review and understand all provisions of the company’s workplace safety policy. Employees must properly use all safety and personal protective equipment provided to them, and maintain work areas in a safe and orderly manner, free from hazardous conditions. Employees who observe an unsafe practice or condition should report it to a supervisor, David Jewell or office staff immediately. Employees are prohibited from making threats against anyone in connection with his/her work or engaging in violent activities while in the employ Landcrafters, LLC. Any questions regarding safety and safe practices should be directed to David Jewell.

In the event of an accident, employees must notify a supervisor immediately. Report every injury, regardless of how minor, to office staff immediately. Physical discomfort caused by repetitive tasks must also be reported. For more information about on the job injuries, refer to the worker’s compensation section of this handbook.

Employees should recognize any potential fire hazards and be aware of fire escape routes and fire drills. Do not block fire exits, tamper with fire extinguishers or otherwise create fire hazards.

9.2 Workplace Security

Employees must be alert and aware of any potential dangers to themselves, coworkers and any bystanders. Take every precaution to ensure that your surroundings are safe and secure. Guard personal belongings and company property. Visitors should be escorted at all times. Report any suspicious activity to a supervisor immediately.

All visitors, whether during business hours or not, must be cleared by David Jewell prior to their arrival.

9.3 Emergency Procedures

In the event of an emergency, dial 911 immediately. If you hear a fire alarm or other emergency alert system, proceed quickly and calmly to the nearest exit. Once the building has been evacuated, only a supervisor may authorize employees to reenter.

Section 10 - Employee Benefits

This handbook contains descriptions of some of our current employee benefits. Many of the company’s benefit plans are described in more formal plan documents available from office staff. In the event of any inconsistencies between this handbook or any other oral or written description of benefits and a formal plan document, the formal plan document will govern.

10.1 Health Insurance

Landcrafters, LLC makes group health benefits available to eligible employees and their family members. The plan(s) we offer are subject to change

Eligible employees are full time employees who have worked for 90 days or more.

Health benefits are paid in part by the company. The remainder of the costs is the employee’s responsibility. Employees can receive details about benefits provided, contribution rates and eligibility from office staff.

Once eligibility requirements are met (full time for 90 days), there is a relatively small window of time in which an employee can enroll in our healthcare program. If an employee ‘opts out’ of enrollment with our plan, then they will not be eligible for enrollment until Landcrafters, LLC’s next ‘Open Enrollment Period’ which is typically the last week of June.

10.2 Retirement

The company participates in a 401(k) plan so that employees may save a portion of their earnings for retirement. Regular employees who have worked at least 1000 over the previous 12 months are eligible to participate. Employees may elect to make regular contributions to the 401(k) plan up to the maximum amount allowed by federal law.

Contact office staff for detailed information regarding eligibility, employee contributions, vesting period or employer contributions. More information can also be found in the plan summary description, which is available from the office. If there are any inconsistencies between this handbook and any of the Summary Plan Descriptions, the Summary Plan Descriptions shall govern. The company reserves the right to modify or terminate any or all of its retirement benefits or to change benefit providers at any time with or without notice.

10.3 Workers’ Compensation

As required by law, the company provides workers’ compensation benefits for the protection of employees with work-related injuries or illnesses.

Workers’ compensation insurance provides coverage to employees who receive job related injuries or illnesses. If an employee is injured or becomes ill as a result of his/her job, it is the employee’s responsibility to immediately notify a supervisor of their injury in order to receive benefits. Report every illness or injury to a supervisor, regardless of how minor it appears. The company will advise the employee of the procedure for submitting a workers’ compensation claim. If necessary, injured employees will be referred to a medical care facility. Employees should retain all paperwork provided to them by the medical facility. Failure to report a work-related illness or injury promptly could result in denial of benefits. An employee’s report should contain as many details as possible, including the date, time, description of the illness or injury, and the names of any witnesses.

A separate insurance company administers the worker’s compensation insurance. Representatives of this company may contact injured employees regarding their benefits under the plan. Additional information regarding workers’ compensation is available from office staff.

Section 11 - Termination

11.1 Voluntary Termination

The company recognizes that personal situations may arise which require a voluntary termination of employment. Should this occur, the company requests that the employee provide two weeks advance notice in writing. This request does not alter an employee’s at-will relationship with the company.

All rights and privileges of employment with the company terminate upon the date of separation. As further discussed in Section 8.3, terminating employees are required to return all company property assigned to them. Failure to do so may result in the withholding of their final paycheck.

11.2 Final Paycheck

Employees who terminate employment with the company will be mailed their final pay check at the earliest possible time.

11.3 Exit Interview

Landcrafters, LLC may request an exit interview upon notice of termination. The purpose of the exit interview is to complete necessary forms, collect company property and discuss employment experiences with the company.

Acknowledgement of Receipt for Employee Handbook

(Employee Copy – Keep with handbook)

I acknowledge that I have received a copy of the Employee Handbook. I understand that I am responsible for reading the information contained in the Handbook.

I understand that the handbook is intended to provide me with a general overview of the company’s policies and procedures. I acknowledge that nothing in this handbook is to be interpreted as a contract, expressed or implied, or an inducement for employment, nor does it guarantee my employment for any period of time.

I understand and accept that my employment with the company is at-will. I have the right to resign at any time with or without cause, just as the company may terminate my employment at any time with or without cause or notice, subject to applicable laws. I understand that nothing in the handbook or in any oral or written statement alters the at-will relationship, except by written agreement signed by the employee and a company representative

I acknowledge that the company may revise, suspend, revoke, terminate, change or remove, prospectively or retroactively, any of the policies or procedures outlined in this handbook or elsewhere, in whole or in part, with or without notice at any time, at the company’s sole discretion.

_________________________________

(Signature of Employee)

__________

(Date)

_________________________________

(Company Representative)

Acknowledgement of Receipt for Employee Handbook

(Employer Copy – Detach and retain for records)

I acknowledge that I have received a copy of the Employee Handbook. I understand that I am responsible for reading the information contained in the Handbook.

I acknowledge that the company may revise, suspend, revoke, terminate, change or remove, prospectively or retroactively, any of the policies or procedures of the company, whether outlined in this handbook or elsewhere, in whole or in part, with or without notice at any time, at the company’s sole discretion.

_________________________________

(Signature of Employee)

__________

(Date)

_________________________________

(Company Representative)

NFIB Legal Foundation

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(800) 552-6342