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| JANUARY 1999 |
Many of the federal laws impacting large organizations exempt small nonprofit agencies. This guide contains 25 sample human resources policies that do pertain to the small nonprofit. It is important to have your attorney review any policy prior to implementation.
It is the [agency]'s goal and desire to create a positive working environment. The [agency] strives to provide work for our employees consistent with sound business practices, economic reality, and individual performance. We emphasize freedom of choice; therefore, neither the employee nor the [agency] is bound to a commitment of employment for a definite period of time, unless you are a "contract employee." The rights of either the employee or the [agency] to terminate the relationship are not limited by any contractual commitment; both are free to terminate the employment relationship at any time, for any reason or no reason, with or without consent.
It is the policy of the [agency] to endeavor to treat all employees equitably and to administer all policies, procedures, rules, and regulations consistently. When an employee's performance is unsatisfactory or when an employee violates the rules and regulations of the [agency], however, appropriate disciplinary action may have to be taken, up to and including termination of employment, without prior warning or notice.
When the [agency] can demonstrate in writing that the employee was properly orally warned, issued a written and/or a final written reprimand, and then either suspended or terminated, this is referred to as progressive discipline."
Whenever an employee commits an offense warranting disciplinary action, the [agency] Director may begin disciplinary action at any of the stages, depending upon the seriousness of the offense committed. Thus, the implementation of this policy/procedure should not be construed as preventing, limiting, or delaying the [agency] from taking appropriate disciplinary action against any employee at any level, including termination without prior warning.
Policy
It is the policy of the [agency] to provide equal employment opportunities to all employees and applicants for employment without regard to race, color, religion, sex, national origin, age, handicap or disability, or status as a Vietnam era or special disabled veteran in accordance with applicable federal law. In addition, it is the policy of the [agency] to comply with applicable state and local laws governing nondiscrimination in employment in each locality in which the [agency] has employees.
This policy applies to all terms and conditions of employment including, but not limited to, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation, and training.
The Elliott-Larson Civil Rights Act (Michigan CRA) prohibits employers from discriminating on the basis of religion, race, color, national origin, ancestry, age, sex, pregnancy, height, weight, marital status, or arrest record.
The Michigan CRA also prohibits discrimination for these reasons by state contractors and subcontractors. The Michigan CRA says that a violation of the nondiscrimination obligation constitutes a breach of contract.
Administration and enforcement of the Michigan CRA are shared by the Michigan Civil Rights Commission and the Michigan Department on Civil Rights. The Michigan Department on Civil Rights is recognized as an EEOC deferral agency.
A separate Michigan statute protects handicapped persons from employment discrimination. The Michigan Handicappers' Civil Rights Act (Handicap CRA) also prohibits employment discrimination by state contractors and subcontractors and indicates that this discrimination constitutes a material breach of contract. [Mich. Comp. Laws Ann. §§ 37. 2101 et seq.]
Policy
It is the policy of the [agency] to hire the best-qualified candidates for employment without regard to any individual's status as a member of a protected group. It is necessary that the [agency] exercise sound business judgement in the hiring and placement of employees who are closely related, reside together as domestic partners, or are involved in relationships due to the potential for conflicts of interest in the working environment.
Decisions regarding the hiring and placement of relatives, domestic partners, and significant others will be made by the [agency] in a nondiscriminatory manner on the basis of business necessity and in accordance with applicable law.
The [agency]'s objective in administering this policy is to avoid the creation of a conflict of interest or the appearance of a conflict of interest, avoid favoritism or the appearance of favoritism, and decrease the likelihood of sexual harassment in the workplace.
Employees have the right to engage in secondary employment as long as they fulfill their obligations to the [agency] satisfactorily and so long as employment practice does not entail a conflict of interest.
The [agency] believes that dress, grooming, and personal hygiene should be appropriate to the work situation.
[Agency] staff members are expected to present a professional, businesslike image to patrons, students, and the public at all times. Favorable personal appearance is an ongoing requirement of employment.
Radical departures from conventional dress or personal grooming and hygiene standards are not permitted.
Keeping an accurate record of attendance and time worked is important. Nonexempt employees are required to complete a weekly time card. That record is the basis for overtime. Salaried employees exempt from the provisions of the FLSA are not required to fill out hourly time records but must account for daily attendance.
Under various circumstances the [agency] may be asked to withhold money from an employee's paycheck.
Child Support Withholding
A child support withholding order served on the [agency] requires the [agency] to deduct a specified amount and submit it to the court or custodial parent as dictated by the order. This deduction may change only if ordered by the court. It must continue until a release is sent to the [agency] by the court.
Garnishments
Garnishment means any legal or equitable procedure through which earnings of any individual are required to be withheld for the payment of any debt. Most garnishments are made by court order under which a creditor seeks to reach an employee's earnings before they are paid, so that they may be applied to the satisfaction of a claim against the employee. A deduction will begin upon the [agency]'s receipt of the garnishment and will continue as the order dictates.
Wage Assignments
A wage assignment is a voluntary agreement for a transfer of the right to receive a portion of wages to the lender. A wage assignment occurs when a purchaser/borrower fails to make scheduled payments on a purchase or loan. A deduction will begin within 20 days of its receipt and will continue for a period of time dictated by the order.
Tax Levy (Federal/State)
A tax levy is imposed upon an employee's wages for payment of back taxes. Salary and wages include compensation for services paid in the form of salary, commissions, bonuses, and similar items. If an employee has a court ordered child support payment that was issued prior to the levy, this may be exempt from the levy. The exempt portion (less child support if applicable) will go to the employee. The remainder is sent to the governing agency.
A tax levy (federal or state) continues in effect until one of the following occurs:
Workers' Compensation provides "no-fault" insurance coverage that protects employees against expenses from job-related injuries and illnesses (medical rehabilitation). In addition, it provides compensation if employees are disabled, either temporarily or permanently (disability income), and pays benefits upon death (survivor benefits). All of the cost of the insurance is paid for by the [agency].
It is the employee's responsibility to immediately report to the [agency] Director any injury that occurs, no matter how small, as soon as it occurs.
The [agency] will conduct a prompt investigation to determine exactly what happened and to ensure documentation of all facts and witness accounts.
If medical benefits are needed, they are provided immediately without question.
Rehabilitation benefits include both medical rehabilitation and vocational rehabilitation if necessary.
If an employee dies, the spouse and children can receive survivor benefits in accordance with the laws in Michigan.
It is the policy of the [agency] to ensure that all employees are classified appropriately for the purpose of determining uniform standards for benefits eligibility, conditions of employment, and compliance with applicable wage and hour laws.
All alcohol and/or controlled substances other than prescription drugs prescribed by the employee's physician are prohibited in any office owned and/or operated by the [agency]. Distribution, possession, manufacture, or use of such substances by any employee is prohibited while he/she is providing service for the [agency]. Failure to comply with this policy will result in disciplinary action up to and including termination.
The [agency]'s Director will determine if the office is to be officially closed for any emergency. This closing will be announced on [agency] voice mail. If the office is open and an employee is unable to work because of the weather, the absent time will be charged to personal leave, vacation leave or compensatory time. If the office is closed, the time will be treated as time off with pay.
The [agency] maintains a variety of equipment that may be used only for agency business. Exceptions may be granted by the [agency] Director. Such equipment includes but is not limited to computers, cellular phones, copy machines, postage machine, and janitorial equipment.
The [agency] will reimburse full-time regular employees their regular salary for up to ___ working days (e.g., 15 working days) per year when such employees are summoned to jury duty. Eligible employees will also be permitted to retain the jury duty pay allowance they receive from the court during this period.
Part-time regular and all other employees summoned to jury duty shall be given the necessary time off, but without pay, unless applicable by state or local law requires otherwise.
The [agency] Director will make no attempt to get an employee released from serving on a jury except where emergency business conditions necessitate such action. All employees summoned to court as a witness will be given the necessary time off, but without pay. Employees will be permitted, however, to utilize accrued vacation time for this purpose.
It is the policy of the [agency] to provide leaves of absence from work for employees who voluntarily choose to serve in the U.S. military or are drafted into the U.S. armed forces and to reservists and National Guard members.
Leave will be granted for :
To meet military-related obligations, such as reporting for periodic physical fitness examinations.
ELIGIBILITY FOR REINSTATEMENT UPON RETURN FROM MILITARY/RESERVE DUTY LEAVE
Pay for Training Leave
The [agency] will provide up to two (2) workweeks of military training pay per calendar year to regular full-time employees who have been employed by the [agency] for at least 90 days prior to the beginning of the requested leave. This leave will be provided to reservists in any branch of the U. S. Armed Forces and to members of state National Guard units.
To receive military training pay, the employee must present his or her endorsed military pay voucher or check to the [agency] Director for up to the first two (2) weeks of the military training period.
Employees not otherwise eligible for supplemental pay from the [agency] for military training time will still be granted leave upon presentation of appropriate documentation; however, such leave will be unpaid.
All [agency] benefits received by an employee taking training leave (paid or unpaid) will be continued by the [agency], on the same terms and conditions as if the employee were not on leave, for a period of up to 31 days.
Leave for Military Service
The [agency] will grant unpaid leaves of absence for extended period of military service in accordance with applicable federal and state laws. While an employee is on an extended military leave of absence, he or she will be eligible to maintain health insurance benefits in accordance with normal [agency] policy, at the employee's own expense.
Due to potential legal issues covering information dissemination and in an effort to establish positive employee relations with employees, information relating to the personal and professional lives of employees may not be communicated outside the [agency], except as provided for herein. All supervisory and management personnel have an obligation to treat employee-related data in a confidential manner.
For the protection of all employees, any inquiry regarding an employee or former employee must be referred to the [agency] Director.
The [agency] Director will generally release information as follows:
EMPLOYEE REQUESTS FOR REFERENCE LETTERS
Employees have the right to review the information in their personnel files. Michigan allows employees to review their personnel files at "reasonable intervals." [Agency] employees should contact the [agency] Director in order to schedule a time to review a file.
The [agency] is concerned about society's increased violence, which has filtered into many workplaces throughout the United States. To help prevent incidents of violence from occurring, the [agency] is implementing this policy on workplace violence. In this connection, it is the policy of the [agency] to expressly prohibit any acts or threats of violence by an employee or former employee against any other employee in or about its facilities or elsewhere at any time. The [agency] will not condone any acts or threats of violence against its employees, customers, or visitors by any individual on the [agency]'s premises at any time or while such individual is engaged in business with or on behalf of the [agency], on or off the [agency]'s premises.
In keeping with the spirit and intent of this policy and to ensure the [agency]'s objectives in this regard are attained, the [agency] is committed to the following:
In the interest of maintaining a proper business environment, the [agency] prohibits employees from soliciting financial contributions, selling merchandise, or making any other solicitation during an employee's work time. This includes the employee doing the soliciting or being solicited.
The [agency] also prohibits employees from distributing literature or printed material of any kind in working areas or in nonworking areas while the employee distributing the literature or the employee who is the intended recipient of the literature is supposed to be working.
This prohibition against soliciting other employees also covers the [agency]'s telecommunications equipment. Thus, no employee is permitted to use the [agency]'s e-mail, voice-mail, telephones, computers, or other related equipment for the purpose of soliciting others or for preparing, duplicating, or distributing literature to other employees or nonemployees.
Non-employees are prohibited from distributing material or soliciting employees on the [agency]'s premises at any time.
POLICY—GENERAL HOURS OF WORK
The regular workweek for all full-time regular employees (except those assigned to special starting times) shall be ___ (e.g., 35, 37, 40, etc.) hours, divided into five (5) days, Monday through Friday, with employees normally scheduled to work ___ hours per day.
The normal work hours for all full-time regular employees shall be from ___ a.m. to ___ p.m., Monday through Friday. Employees will be allowed a one (1) hour unpaid meal period each day, the time of which will be designated by department management. There are no other formal break periods authorized by the [agency].
The hours for part-time regular employees, temporary employees, agency workers, and leased workers will be arranged by department management based on the workload in each respective department. The daily and weekly work schedules and the number of hours per day and per week to be worked may be changed from time to time by the [agency] to meet the varying conditions of the business. Changes in work schedules will be announced as far in advance as practicable.
PAYDAYS
Nonexempt employees are typically paid on a semimonthly basis, on the 15th and last workdays of each month. Exempt employees are typically paid on the 15th day of each month. If a regularly scheduled payday falls on a Saturday, Sunday, or [agency] observed holiday, employees will normally be paid on the last workday preceding such weekend or holiday.
DIRECT DEPOSIT OPTION
All full-time and part-time regular employees are given the option of having their paychecks deposited into a bank or checking account of their choice. Direct deposit forms are available from the [agency] Director.
LOSS OF PAYCHECK
In the event an employee's paycheck is lost or stolen, it should be reported to the [agency] Director immediately. Upon receipt of this information, the [agency] Director will endeavor to put a stop payment notice on the check. If it is able to do so, the [agency] will issue the employee another paycheck. Unfortunately, if the [agency] is unable to stop payment on any such check, the employee shall be responsible for any loss incurred.
EMPLOYEE LOANS AND SALARY ADVANCES
The [agency] expects all employees to manage their own financial affairs. It is the policy of the [agency] not to loan money or advance salary to any employee.
Any verbal or physical conduct that unreasonably interferes with an employee's performance of his or her job or that creates an intimidating, hostile, or offensive working environment is considered harassment. These kinds of behavior are completely unacceptable in our work environment.
Harassment, particularly sexual harassment, may take many forms. The most blatant form of sexual harassment occurs when a supervisor uses his or her position to request or demand sexual favors in exchange for continued employment, opportunities for raises, promotions, transfers, or other work related advantages. Unwelcome verbal comments or physical actions of a sexual nature may constitute sexual harassment. Examples include overt displays of affection, familiarity, or the display of sexually explicit or suggestive material. Also unacceptable are vulgar language, jokes or derogatory slurs, and photographs, pictures, posters, cartoons, and graphic or printed material that may be considered offensive or degrading. Harassment can be committed by anyone present in the work environment, including customers, employees, vendors, or contractors on [agency] premises.
Any employee who is subject to or witnesses possible harassment should immediately bring the incident in confidence to the attention of the [agency] Director.
All complaints of harassment will be thoroughly investigated, and prompt, appropriate action will be taken. Confidentiality will be maintained to the extent possible.
The [agency] will not tolerate threats or acts of retaliation or retribution against employees reporting any form of harassment.
Employees who are found to have engaged in harassment or acts of retaliation are subject to disciplinary measure up to and including termination.
When a death occurs in an employee's immediate family, he or she will be compensated for the time actually lost from regularly scheduled work on the day of the death and the days following it, up to and including the day of the funeral, but not exceeding three (3) work days. Pay will only be given for days that fall on regularly scheduled workdays.
The [agency] shall reimburse all employees for reasonable out-of-pocket expenses incurred while traveling on authorized [agency] assignments or while engaged in authorized [agency] business. It is recognized that the nature and amount of expenses may vary depending not only on the objectives of the employee's assignments and the surrounding circumstances, but also on the employee's position and work within the [agency]. It is expected that employees will take full advantage of all commercial discounts wherever possible.
POLICY
It is the policy of the [agency] to provide periodic written evaluations of employee work performance including:
Frequency of Review
Exempt regular employees are normally reviewed after their first six (6) months of employment and then annually thereafter. Nonexempt regular employees are normally reviewed after their first three (3) months of employment and then annually thereafter.
Performance Appraisal and Employment Status
Completion of a performance appraisal does not automatically warrant a salary adjustment or change in employee status. Likewise, the conducting of an appraisal or any statements made by supervisors on the appraisal form should not be interpreted as a guarantee of future employment for any specific duration. Conversely, failure to conduct an appraisal or appraisals on a specific employee's performance should not be viewed as preventing, limiting, or delaying the [agency] from taking appropriate disciplinary action against any employee where the [agency], in its sole discretion, deems such action as appropriate.
The [agency] has not established any specific term of employment. All employees of the [agency] are employed on an at-will basis. Employment may be terminated with or without cause or advance notice by either the employee or the [agency]. If the employee initiates the separation, it is considered a voluntary resignation. It is customary, but not required, to submit a letter of resignation two weeks in advance of the requested date of resignation.
Separation may also be initiated by management. Reasons for separation may include, but are not limited to:
An exit interview may be conducted at any time of separation. The purpose of this interview is twofold. It will provide the opportunity to:
Upon termination, employees interested in participating in this process should advise the [agency] Director.