> For the complete documentation index, see [llms.txt](https://docs.arborconnect.com/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://docs.arborconnect.com/understanding-expectations/employment-records-and-leave.md). # Employment Records, Leave, and Legal ## Personnel files and records We keep personnel records for all team members and former team members in order to document employment-related decisions, and comply with government record keeping and reporting requirements. Should the need arise, you may review your personnel file by contacting your supervisor. However, we reserve the right to limit the inspection and copying of sensitive or confidential plans or information. ## Jury duty and court appearances We encourage you to serve on jury panels, and we recognize that you may occasionally be required to appear in court as a witness. In either of the above instances, you must notify your supervisor in advance of any days that you will be absent from work. You will be paid for the days that you were scheduled to work during your jury service or court appearance when you provide the Business Office Director with a copy of your jury summons or witness subpoena. ## Bereavement pay In the event of a death in a team member's immediate family (spouse, domestic partner, parents, siblings, children), we will provide up to three days of bereavement pay for days missed when a team member was scheduled to work. In the event of a death of a grandparent, we will provide one day of bereavement pay for a day missed when a team member was scheduled to work. The Executive Director has discretion for bereavement pay in circumstances other than immediate family or grandparents. ## Nature of employment relationship: employment at will The Arbor Company is an Equal Opportunity Employer. Employment with the Company is at will. Employment decisions are based on merit, qualification, aptitude and ability, attitude, and the needs of the Community and its residents in compliance with the Community's EEO policies and applicable law. The Community reserves the right to direct and control the operation of its business, including the management, assignment, scheduling and direction of its workforce. The policies, procedures, benefits and other information referred to in this handbook may be changed without notice at any time by the Community. These provisions supersede all existing policies and practices. This handbook is not a contract of employment. Policies set forth in this handbook are not to be construed to constitute contractual obligations of any kind or a contract of employment between the Community and any of its team members. Nothing in this handbook or in any other documents (such as benefits statements, performance evaluations or any other written or verbal communications) should be construed to create an employment agreement for a specified time period. No Community manager, supervisor or team member has any authority to enter into an agreement for employment for any specified period of time or to make an agreement for employment other than at will. Only an officer of The Arbor Company has the authority to make any such agreement, and then only in writing. Employment with The Arbor Company is at will and may be terminated by either party at any time for any or no reason, so long as it is not in violation of the law. At-will employment means that team members are free to resign with or without notice or reason. Likewise, the managers of the Community retain the right to terminate employment at any time, for any reason. ## Workers' compensation Team members are covered by state workers' compensation laws that entitle team members to receive medical attention in the event of an injury arising from, or in the course of, company employment. Team members must report all accidents immediately to their supervisors and an accident report must be filled out within 24 hours of the incident. Unless otherwise specified at your particular Community, a worker injured on the job may select a doctor or medical facility from the list posted on the team member information board. Any team member involved in an accident may be subject to drug/alcohol testing. ## Fitness to continue present duties Any team member who develops an illness or physical condition that requires medical treatment or restrictions and precautions for their own health or safety, or the health and safety of others, may be asked to submit a physician's statement giving medical approval that continued full-time employment in their present position will not jeopardize their own health and safety or the health and safety of others as they continue to perform their job duties. A similar statement is required upon return from a medical leave. ## Family and Medical Leave Act (FMLA) The Arbor Company complies with all aspects of the Family and Medical Leave Act (FMLA) and any applicable state law. Under federal law, team members who work in a facility with at least 50 team members within a 75-mile radius may be eligible for up to 12 weeks of unpaid job protected leave (26 weeks for some military-related leave) under the Family and Medical Leave Act, as amended (FMLA). Team members who have been employed for at least 12 months and have worked at least 1,250 hours during the preceding 12-month period are eligible for FMLA leave. Information about the basic FMLA Leave Entitlement and the Military FMLA Leave Entitlement provided by law is outlined in the federal Department of Labor's "Team Member Rights and Responsibilities Under the Family and Medical Leave Act" poster which is posted in the break room. FMLA information can be requested from your Business Office Manager. As permitted by law, the Company reserves all its rights under FMLA, including but not limited to, the right to require team members to substitute accrued paid leave for FMLA leave and run the FMLA leave concurrent with other authorized absences; to require the team member to transfer to an available alternative position or part-time work which better accommodates recurring periods of leave for eligible team members as applicable; to require certification (and recertification) by a duly licensed healthcare provider or to require proof of a qualifying exigency for family members of active duty military as applicable; and to require that all eligible team members on FMLA leave keep in contact with their supervisor and report periodically on their status and intent to return to work, as applicable. The Company also reserves the right to deny or postpone a request for leave where permitted by law and to exercise its rights under the "key team member" provisions. **Use of PTO** — An eligible team member is entitled to 12 weeks (26 weeks for some military-related leave) of FMLA leave whether or not the team member has accrued paid time off. If the team member has any PTO, this must be used first, and the paid time will run concurrently with the FMLA leave of absence. **Team Member Responsibilities** — See the Team Member Rights and Responsibilities Under the Family and Medical Leave Act on the Department of Labor website for general information. When 30 days advance notice is not possible, the team member must provide notice as soon as practicable and generally must comply with the Company's normal call-in procedures. The team member should give at least verbal notification to the Company within one or two business days after the need for leave becomes known. The team member should request the forms needed to complete the necessary FMLA paperwork from the Business Office Director. **Medical Certification** — It is the team member's responsibility to return the health care provider certification form to the Business Office Manager without delay. The team member is responsible for any cost of obtaining the certification from a healthcare provider and for making sure that the certification is provided to the Company in a timely manner. A delay in the return of the required documents and certification may result in the leave being denied or postponed. **Subsequent Recertifications** — The Company may also request the team member submit medical recertification at periodic intervals in order to update the leave record and justify the continuation of the leave. Failure to comply with the requests for recertification may result in the leave being canceled. For pregnancy, chronic and permanent, or long-term conditions under continuing supervision, the Company may request a recertification of the individual's or family member's condition after thirty (30) days (or more often if circumstances warrant such a request). **Fitness for Duty** — A fitness for duty or physician's release to return to work will be required when leave has been taken due to the serious health condition of the team member. Failure to submit a fitness for duty certification may result in the denial of restoration to employment following FMLA leave. **Benefits and Protections** — See the Team Member Rights and Responsibilities Under the Family and Medical Leave Act on the Department of Labor website for general information. A team member away from work on an approved FMLA leave of absence continues to participate in The Arbor Company's Team Member benefit programs (including any group health insurance plan) if such benefits were provided before the leave was taken and on the same terms as if the team member had continued to work. The team member must pay his or her share of the benefit premiums while on leave. If any portion of the leave is paid, the premiums normally paid by the team member will be deducted from such pay. If the leave is unpaid or PTO time is exhausted before completion of the leave, the medical and dental premiums normally paid by the team member will be paid directly to the Company during the unpaid leave period. Premiums are due on a monthly basis, in advance of the coverage period. Unless arrangements are made, a team member's failure to pay his/her portion of the insurance premiums may result in termination of the coverages at the end of the 30 days following commencement of the leave or at the end of 30 days following the date premiums became due. **Reinstatement** — Upon return from FMLA leave, most team members will be restored to their original or equivalent positions with equivalent pay, benefits and other employment terms (note "key team member" provisions for exceptions). Taking FMLA leave does not entitle the team member to any lesser or greater right to be restored to his/her position or an equivalent position than the right the team member otherwise would have had if FMLA leave had not been taken (e.g., during a reduction in force or organizational redesign). The Company requires all individuals on leave to keep in contact with their supervisors while on leave and for each team member to report periodically on his or her status and intent to return to work. The team member is generally responsible for giving the Company at least two (2) days' notice of intent to return to work earlier than anticipated. As permitted by law, if the team member exhausts his or her FMLA leave entitlement and is unable to return to work, the Company is not required to restore the team member to his or her former position. If the team member is unable to perform an essential function of the position because of a physical or medical condition, including the continuation of a serious health condition, the team member has no right to restoration of the same or any equivalent position. **Key Team Member** — Reinstatement may not always be possible for certain salaried "key team members." If the Company determines that reinstatement of a "key team member" would cause substantial and grievous economic injury to the operations of the Company, reinstatement may be denied as permitted by law. The Company will comply with applicable law regarding "key team member" notification. **Failure to Return to Work** — There is no job guarantee when FMLA leave is extended beyond the initial applicable leave period. Failure to return to work from a leave of absence will be considered job abandonment. The team member is liable for benefit premiums he/she does not pay during FMLA leave (and, in certain cases if the team member does not return from FMLA leave, any "employer share" of the premiums paid by the employer) unless the team member is prevented from returning to work because of a serious health condition of the team member, spouse, parent, or child, or other circumstances beyond the team member's control. The team member may be required to timely provide medical certification or other documentation that such circumstances existed on the date that the leave of the team member expired. **Fraud** — As permitted by law, a team member who fraudulently obtains FMLA leave will not be entitled to job restoration or maintenance of health insurance benefits during leave. **State Specific Leave** — The Arbor Company is committed to maintaining compliance with state specific laws that offer team members protected leaves. Upon notification of your FMLA request, your Business Office Director will discuss with you your eligibility for any state specific leaves. ## Military leave of absence The Arbor Company complies with all statutes regarding the Community's and the team member's obligations regarding military service. In the event of conflict, the requirements of the statutes shall control. Team members who are members of the Reserve or the National Guard units requiring active duty training that conflicts with normal work periods will be granted leave from their employment, without pay, for such periods. Team members who are members of Reserve or National Guard units called to active duty in cases of local emergency (i.e., floods, riots, etc.), are to be paid the difference between their regular pay and their military pay for such periods of active duty up to a maximum of two (2) weeks during any one call-up or for four (4) weeks during any one calendar year. In the instance of emergency call-up, vacation pay will not be affected but will be forthcoming in accordance with Company vacation policy. Generally, for other military obligations as required by applicable law, the Community will compensate Team members for the amount that regular pay exceeds military base pay for up to 365 days from the date active military duty begins. As required by applicable law, participation in benefit plans will generally be continued for up to 365 days, and Team members are entitled to reinstatement, upon completion of military service, to a position that Team members would have attained if they would not have gone on military leave. ## Pregnant Workers Fairness and Pump Acts The Pregnant Workers Fairness Act (the “PWFA”) expressly prohibits employment discrimination based on pregnancy and pregnancy-related conditions. Arbor does not discriminate against employees or applicants with respect to pregnancy or pregnancy-related conditions (including post-pregnancy conditions such as the need to express breast milk for a nursing child). Arbor will not deny an employment opportunity or take adverse action against an employee because of the employee’s pregnancy, pregnancy-related condition, or request for reasonable accommodation. Likewise, Arbor will not refuse to hire a pregnant applicant or an applicant with a pregnancy-related condition because of the pregnancy or pregnancy-related condition (provided the applicant can perform the essential functions of the job with or without reasonable accommodation). Employees and applicants affected by pregnancy or pregnancy-related conditions may request reasonable accommodations to allow them to perform the essential functions of their position. Reasonable accommodations are modifications or adjustments that allow an employee or job applicant to perform the essential functions of the job while pregnant or experiencing pregnancy-related conditions, that can be provided without undue hardship to Arbor. Arbor will not require a pregnant employee to accept a particular accommodation, including a leave of absence, if another reasonable accommodation would enable the employee to perform the essential job functions without undue hardship. The employee may be required to provide documentation of the need for accommodation (no documentation will be required for: (i) more frequent restroom, food, or water breaks; (ii) seating; (iii) limits on lifting no more than 20 pounds; and (iv) private, non-bathroom space for expressing breast milk). The Arbor Company supports nursing mothers by accommodating the mother who wishes to express breast milk during her workday when separated from her newborn child. Arbor will grant nursing employees reasonable break times to express breast milk. The Arbor Company will provide a designated, private space for nursing employees to express breast milk that is free from intrusion from other employees and the public, and fitted with an electrical outlet, table and chair for ease and comfort. --- # Agent Instructions This documentation is published with GitBook. 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