LLVARE
Loma Linda Veterans Association for Research and Education
EMPLOYMENT PRACTICES
TIME OFF
EMPLOYMENT POLICIES
COMPENSATION
BENEFITS
TRAVEL
SUBSCRIPTIONS AND DUES
FACILITIES
SAFETY AND SECURITY
IMPORTANT POLICIES
Non-Harassment Policy
Non-Violence Policy
Alcohol and Drug-Free Workplace
Standards of Ethical Conduct
NOTICE

EMPLOYMENT POLICIES & PRACTICES

Responsibility of Employees

Employees are required to immediately notify LLVARE should they be served with a lawsuit connected in any way with their employment.

Exceptions

The Executive Director of LLVARE (or designee) is the only person with the legal authority to appoint, reappoint, terminate or change any employee's work status or pay. Oral or written statements or promises concerning your employment status made by other persons are not binding upon LLVARE unless confirmed by the Executive Director (or designee) in writing.

At Will Employment

In order to maintain the staffing flexibility that is essential to the successful management of LLVARE, as well as to protect the options of each employee, it is understood that the employment relationship with us is “at will.” It can be terminated, with or without cause, at any time by either employer or employee. Similarly, LLVARE retains the absolute right to demote or discipline employees at any time at the discretion of LLVARE. Continued employment of all LLVARE employees is conditional upon many factors, some of which are employee performance and availability of appropriate work and funds. Any oral or written statements or promises to the contrary are not binding upon LLVARE. No agreement inconsistent with this policy is valid, unless it is in writing and signed by the Executive Director.

Equal Opportunity

It is LLVARE’s policy to provide equal employment opportunity for all applicants and employees. LLVARE does not unlawfully discriminate on the basis of race, color, religion, sex (including pregnancy, childbirth, or related medical conditions), national origin, ancestry, age, physical disability, mental disability, medical condition, veterans status, marital status, sexual orientation, gender (including transgender identity) or any other basis protected by state or federal laws. When necessary, LLVARE also makes reasonable accommodations for disabled employees.

LLVARE prohibits the harassment of or discrimination against any individual on any of the bases listed above, as well as retaliation against any individual for reporting or opposing such harassment of discrimination. (For information about the types of conduct that constitute impermissible harassment, please refer to LLVARE’s Policy Against Harassment.) This policy applies to all areas of employment including recruitment, hiring, training, promotion, compensation, benefits, transfer, social, and recreational programs.

Any employee who believes that he or she (or another employee) has been subject to discrimination or retaliation in violation of this policy should promptly report the conduct in question to LLVARE’s Executive Director of the Human Resources Department for assistance and further information. Every reported complaint of discrimination or retaliation will be investigated thoroughly, promptly, and in a confidential manner.

Unlawful Harassment

It is LLVARE’s intent to provide all employees a working environment free from discriminatory harassment or intimidation. This policy also extends to independent contractors and vendors providing services to LLVARE. Similarly, LLVARE prohibits unlawful harassment of its employees, independent contractors, and vendors by non-employees with whom our employees have a business, service, or professional relationship. Unlawful harassment, such as racial or sexual harassment, is grounds for disciplinary action, up to and including termination. If you feel you are being harassed, please notify your supervisor or the Human Resources Department. As a LLVARE employee working at the Pettis VAMC, you should have Sexual Harassment training at the beginning of your employment and annually thereafter. For further information regarding LLVARE’s policy against sexual and other forms of unlawful harassment, please see Appendix A.

Finally, sexual harassment and harassment based on a legally protected status and retaliation for opposing such harassment or participating in investigations of such harassment, or in proceedings or hearings conducted by the Department of Fair Employment and Housing (DFEH) or Equal Employment Opportunity Commission (EEOC), are illegal. In addition to the internal process for investigation and resolution, an employee has the right to complain to the DFEH at the state level and the EEOC on the federal level. To contact the DFEH, consult your local telephone directory under State Government Offices. To contact the EEOC, consult your local telephone directory under U.S. Government Offices. These agencies have the power to order reinstatement and other remedies and to award monetary damages.

Alcohol and Drug-Free Workplace

Please see Appendix C.

Smoking

Smoking by employees is permitted only during break or meal periods and only in outdoor areas designated by the VAMC or the management of the building in which you work. There is no additional time away from work allowed for smoking.

Personal Appearance

LLVARE considers a professional appearance to be an essential element of job performance. Employees are expected to dress, groom, and maintain personal hygiene in a manner which presents a clean and neat professional image to the public, contracting agencies, coworkers, and management, and which enhances safety, productivity, and public and contractor relations. This includes wearing neat, clean business attire that is neither distracting nor offensive to clients and fellow employees. Management reserves the right to determine when an employee fails to meet this standard and to correct any employee violations.

Outside Employment

An employee may not engage in other employment, consulting or other business activity which directly conflicts with the essential interests of LLVARE . An employee may not use any assets or resources of LLVARE for personal gain or advantage. Nor may any employee use LLVARE'S equipment or proprietary information for any outside work. Employees must identify the nature of any outside work and must disclose their involvement in outside activities or relationships that could violate this policy with either Human Resources or LLVARE’s Executive Director.

Any violation of this policy may result in disciplinary action, up to and possibly including immediate termination. It is therefore important for employees to avoid any potential violations of this policy. Employees are encouraged to raise any questions regarding specific activities or questions involving this policy with Human Resources.

Hours of Work

The standard hours of business are Monday through Friday from 8:00 a.m.-4:30 p.m. These may be modified to fit with the Principal Investigator’s project; however, a workday should not extend beyond 8 hours for an hourly, non-exempt employee. (SEE: “EMPLOYMENT CATEGORIES” AND “OVERTIME” FOR MORE INFORMATION.) The normal workweek is a five-day period, Monday through Friday. LLVARE’s fixed workweek is Sunday through Saturday, and the fixed workday is midnight to midnight.

ATTENDANCE

It is important for each employee to be regular and prompt in his/her attendance. If you are absent or frequently late in arriving at work or early in leaving, you unfairly burden other employees. If you have problems with attendance, talk with your supervisor. He/she can help you determine how best to deal with the problem so that disciplinary action does not become necessary.

Hourly employees should take one fifteen-minute break approximately mid-way during each four hours worked. Breaks cannot be taken during the first or last half-hour of the workday or to extend a lunch period, work overtime, arrive or leave early. If your workload prevents you from taking at least a 15-minute rest period in the morning and/or the afternoon, please advise your supervisor so that arrangements can be made to allow you to do so. LLVARE will assume, unless you notify us otherwise, that you are taking the rest periods to which you are entitled.

LLVARE’s laboratories and administrative offices have varied work schedules. Consult your department's specific work rules and schedules. The normal workweek is a five-day period, Monday through Friday.

Employees must notify their supervisor within 30 minutes of their regular starting time each day when they are absent due to illness. If unable to personally reach your supervisor by phone (do not rely solely on a voice mail message, as they are not consistently reliable), phone the LLVARE office at 909-583-6250 and ask that your supervisor receive the message that you are out ill.

Performance Evaluation

Your individual success and the successful performance of your unit depend upon the quality of teamwork between you and your supervisor. One of your supervisor's fundamental responsibilities is to inform you of your assignments and to answer questions about your job. Full-time and part-time employees are eligible for formal performance reviews annually. The performance evaluation is intended as a means of measuring individual performance, fostering professional development and career growth, aiding in determination of merit increases, as well as providing a forum for discussion of problems, solutions, training or educational possibilities. In addition, the supervisor may review performance at any time there is a question concerning an employee's performance or conduct.

Termination

Employment is based on mutual consent of the employee and LLVARE. (SEE: AT WILL EMPLOYMENT). It is expected that whichever party terminates the employment agreement will give some notice if possible and practical. However, no notice is required of either party. Severance is not normally paid to departing LLVARE employees. Additionally, LLVARE employees are not eligible to be paid for accumulated sick leave. Upon termination for any reason, employees should contact the Human Resources Department to determine eligibility for any possible vacation pay and disposition of health insurance, retirement and final paycheck.

An employee who is leaving will be informed of any rights to continued benefits coverage and will be either personally given or mailed the pertinent information. The employee’s final paycheck will be paid according to California law. The employee must turn in all keys, badges, lab coats, and other property of LLVARE or the VA prior to his or her departure.

References

Confirmation of employment status and dates of employment are provided in answer to telephone or written inquiries from prospective employers to which past or current employees are applying for jobs, unless the past or current employee has signed a Reference Release Form available from the Human Resources Department. The Human Resources Department will either confirm the information the employee has given to the agency or will suggest the agency again check with the employee. LLVARE reserves its right to share information concerning former employees whenever it determines the requester has a legitimate need to know information about a former employee.

Layoff

Layoffs are terminations resulting from reorganization, a reduction in supporting funds, the deletion of work functions, or for any number of different financial reasons. Select positions will be deleted, based upon financial reasons. The employee(s) filling the position(s) selected will be the individual(s) laid off. There are no "seniority privileges" or "bumping rights." If there is more than one employee in the same classification performing the same tasks, seniority and performance may be considered to determine the order of layoff.

Job Abandonment

Any employee absent without permission for three consecutive working days is deemed to have voluntarily resigned his/her job and will automatically be removed from the payroll.

Employment of Relatives (Nepotism)

LLVARE is interested in hiring able, qualified individuals and will consider any person for employment when they meet specific job qualifications. LLVARE’s goal is to hire the most qualified applicant who is best suited for the position. A subordinate-superior relationship between an individual and members of the employee’s family (spouse and children) or an employee’s relatives is not allowed without specific LLVARE Board approval. The policy further provides that relationship by family or marriage shall constitute neither an advantage nor a disadvantage in hiring.

This policy will be superseded when 1) circumstances would exist making it foreseeable that the interests of LLVARE or the employee would be in conflict or question; 2) where LLVARE must avoid a conflict of interest with regulatory agencies or others with whom LLVARE conducts business; or 3) where LLVARE must avoid employment discrimination, personnel policy conflicts, or related problems.

Personnel Records

The Human Resources Department establishes and maintains only personnel records pertaining to individuals as employees of LLVARE, or as applicants for positions, as are relevant and necessary to the administration of LLVARE’s personnel programs. The employee is responsible for notifying the Human Resources Department of any changes in the information that affects his/her records, such as: additional education, change in dependents or marital status, change in immigration status, or changes in telephone number or address. Confirmation of employment status and dates of employment are provided in answer to telephone or written inquiries from organizations to which employees have applied for credit. You may make an appointment to review your records during normal office hours and may also request copies of any documents that you have signed.

LLVARE reserves the right to impose reasonable limitations on such access. Limitations may include (1) allowing inspection only during normal business hours, (2) allowing inspection only on the employee's own time, (3) allowing inspection by appointment and upon a written request only, (4) allowing a LLVARE representative to monitor the inspection, and (5) limiting the frequency of inspections.

LLVARE does not accept unsolicited resumes or applications for employment. All unsolicited resumes will be destroyed without consideration.

Employment Categories

Since all employees are hired for an unspecified duration, these categories do not guarantee employment for any specific length of time. Employment is at the mutual consent of the employee and LLVARE. Accordingly, either the employee or LLVARE can terminate the employment relationship at will with or without notice and with or without cause at any time.

FULL-TIME, EXEMPT OR NON-EXEMPT:

Full-time employees are those employees whose position requires an 80% or greater level of employment (typically, 32 hours per week or more). The Executive Director (or designee) is the only person with the legal authority to establish pay or to hire, terminate or change any employee’s work status. Any oral or written promises by any other person are not binding upon LLVARE. Should such a statement be made, please confirm it with the Human Resources Department. LLVARE shall not be responsible for such statements that are not confirmed in writing by the Human Resources Department.

Exempt employees are paid to perform the responsibilities and duties of the job, rather than by the hour. This means that exempt employees are not eligible for overtime pay. Federal and State law precludes exempt employees from “working ahead” and “banking” leave to use at a later time. The hours at LLVARE are generally between 8:00 a.m. and 4:30 p.m., and employees who are not on authorized leave are generally expected to be available and at their assigned work areas between those hours of operation unless otherwise necessitated by LLVARE business.

Non-exempt employees are paid on an hourly rate, and their pay is based on the number of hours reported on their timecards each pay period. These employees are required to be paid overtime pay for any work that exceeds 8 hours worked in one day, 40 hours worked in one week, or that occurs on the seventh consecutive workday in a workweek. Overtime is paid for hours worked, not for hours paid. If there are hours paid but not worked in a day or week (such as for sick leave or vacation), overtime will not apply.

All determinations of whether an employee is exempt will be made by the Human Resources Department and/or the Executive Director, following an examination of the employee’s job description. Employees are notified of their exempt/non-exempt status at the time an employment offer is tendered.

PART-TIME, NON-EXEMPT: Part-time employees are those whose position requires a level of employment between 50% and 80%. They are eligible for paid time-off for vacations, sick leave, holidays, and the company-sponsored retirement plan during their period of employment and are eligible for such benefits as employer-paid insurance programs at 50% of the Benefits Allowance (see “Benefits”). Part-time employees are generally non-exempt, although certain professional employees, such as physicians, may be paid on an hourly basis for hours worked.

Part-time employees who accrue paid leave will be paid for holidays at the rate of four (4) hours per day, regardless of the number of hours the employee usually works.

Part-time employees who take vacation and sick leave will take that leave at the rate of four (4) hours per day, regardless of the number of hours the employee usually works.

CASUAL: Casual employees are those employees whose expected length of service is less than three months, or whose work schedule is intermittent or irregular, or whose level of employment is less than 50%. These employees are paid an hourly rate and their pay is based on the number of hours reported on their timecards each pay period. They are not eligible for paid time off for vacations, sick leave or holidays, and they receive no benefits other than Worker’s Compensation, Unemployment, Disability and Social Security.