Introduction

 

Introduction

IntelyCare is the leading technology driven nursing staffing firm that allows providers to have flexibility and earn compensation by picking up on-demand assignments from skilled nursing facilities.

IntelyCare believes its most valuable asset is its employees.  That’s why we strive to provide a work environment which is an open and friendly place to work, where honesty, mutual respect, teamwork and high standards are valued, and where professional growth is encouraged and supported.  We believe this attitude allows us to attract and retain quality employees who can contribute to the continued growth and success of the Company.

This Employee Handbook describes policies and procedures which apply to your employment as a skilled nurse (an “IntelyPro”) at IntelyCare, Inc. (referred to simply as the “Company” throughout this handbook).  This handbook was developed to help you understand the Company’s position on a number of employment-related matters which may affect you during your employment with the Company.  Please note that this handbook applies only to IntelyPros; it does not apply to home office employees.

Because employment laws vary from state to state, some Company policies and benefits applicable to you may differ from the handbook summary.  Please see the appropriate handbook addendum for policies applicable to your state of employment. 

Please note, also, that the information contained in the handbook is general in nature and is intended only as guidance to employees and managers.  It is not intended to be an exhaustive compilation of all Company policies.  Nor is it intended to establish mandatory procedures in any particular instance.  IntelyCare may modify, add to or delete any of its benefits, policies or procedures, including the information contained in this handbook, at any time without notice.  This handbook does not create a contract of any kind or nature between the Company and any employee.  Employment with the Company is at will, which means that it may be terminated by either the employee or the Company at any time, with or without notice or cause.  No representative of the Company, except its CEO or CFO, in a writing signed by him/her and the employee, has any authority to enter into any agreement contrary to the foregoing.  This Handbook replaces and supersedes all prior IntelyCare personnel manuals, handbooks and policies, whether written or verbal.

I.
Employee Relations & Equal Employment

 

Open Door Philosophy

Effective communication forms the basis for sound relationships and a positive and productive work environment.  Our commitment to effective communication is reflected by our open door philosophy.  An employee should always feel free to contact any member of the Operations Department with work-related ideas, observations and concerns.  They are always open to discuss the questions and concerns of employees.  This should be the first place an employee goes to voice concerns.  However, there may be times when an employee feels that he or she cannot discuss a particular situation with an Operations Specialist.  In these cases, the employee should express his or her concerns to the Director of Operations or the Operations Human Resources Manager.  Any dispute or controversy concerning the interpretation or application of the policies and procedures of the Company should be brought promptly to the attention of the Director of Operations or the Operations Human Resources Manager.  Any matter that is not satisfactorily resolved at this first decision level shall be referred to the Chief Nurse for review and decision.  The Chief Nurse shall, in the exercise of its decision and judgment, render a final decision.

Concerns about harassment, discrimination or retaliation are addressed separately in the Equal Employment Opportunity Policy and Anti-Discrimination and Anti-Harassment Policy.

Equal Employment Opportunity Policy

The Company is committed to providing equal opportunity for all qualified applicants and employees without regard to race, color, national origin, religion, sex, pregnancy or pregnancy related conditions, disability, age, sexual orientation, military status, veteran status, genetic information, gender identity or transgender status, marital status, or any other characteristic protected by applicable federal, state or local law.  The Company’s policy regarding equal employment opportunity applies to all aspects of employment including recruitment, hiring, job assignments, promotions, working conditions, scheduling, benefits, wage and salary administration, disciplinary action, termination, and company-sponsored social, educational and recreational programs.  The Company will not tolerate any form of unlawful discrimination or retaliation and all employees are expected to fully cooperate in implementing this policy.  If you believe this policy has been violated, report the matter immediately to your manager or the Human Resources Department.

Diversity

The Company values diversity within its employee community and considers diversity to be an important element of our evolving corporate culture.  We believe that our workforce will be stronger and more competitive if we embrace diversity.   It is of great importance that our employees appreciate and embrace the differences that each of us brings to the Company.  Only by valuing the benefits of our diverse workforce can we reach our goals.

Policy Against Harassment

Policy Against Sexual Harassment

It is the policy of the Company to provide and maintain a workplace that is free of sexual harassment.  Sexual harassment in the workplace is both a violation of the Company policy and it is unlawful.  This policy applies to all employees of the Company, regardless of their position.

Prohibited sexual harassment includes sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature that has the purpose or effect of unreasonably interfering with an employee’s work performance by creating an intimidating, hostile, humiliating or sexually offensive working environment.  In addition, no manager or supervisor, male or female, may sexually harass any employee by making submission to or rejection of sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature either explicitly or implicitly a term or condition of employment or a basis for employment decisions.  An employee who engages in sexual harassment is subject to disciplinary action, up to and including termination of employment.

It is also a violation of Company policy and it is unlawful to retaliate against an employee for making or filing a complaint of sexual harassment or for cooperating in an investigation of a complaint of sexual harassment.  Any such retaliation will also result in disciplinary action, up to and including termination of employment.

The following are examples of sexual harassment:

  • An employee engages in a pattern of unwelcome sexual language or conduct that is sufficiently severe or pervasive that it interferes with the job performance of co-workers.
  • An employee refuses to have an affair with his or her supervisor and, in retaliation, the supervisor terminates the employee’s employment.

Determinations of whether particular language or conduct is subject to disciplinary action under this policy are made on an individual basis, in light of all of the circumstances.  The following, however, are some examples of conduct that all employees of the Company are cautioned to avoid.  This is not an exhaustive list.

  • Comments to, or about, any employee or his/her appearance that are sexually graphic or would otherwise tend to be degrading.
  • Any physical contact of a sexual nature.
  • Jokes or other remarks with sexual content that is graphic or may otherwise be offensive to others.
  • Display of objects, posters or pictures of a sexual nature.
  • A repetition of any words or conduct of a sexual nature after the person addressed has indicated that such words or conduct is unwelcome.

Policy Against Other Forms of Harassment

The Company also recognizes that harassment on the basis race, color, national origin, religion, sex, disability, age, sexual orientation, military status, veteran status, genetic information, gender identity or transgender status, marital status or any other characteristic protected by applicable federal, state or local law is unlawful.  Conduct prohibited includes, but is not limited to, racial or ethnic slurs and epithets.  An employee who believes that he or she has been subject to any such harassment is encouraged to report the matter promptly, using the complaint procedure outlined below.  Any employee who violates this policy is subject to disciplinary action, up to and including termination of employment.

Complaint Procedure

If an employee believes that she or he has been subjected to sexual or other harassment prohibited by this policy, whether by a supervisor, a co-worker or any other person with whom the employee comes in contact in connection with his/her work for the Company, the employee should report the incident immediately to the Director of Operations or the Operations Human Resources manager, who can be reached at (617) 971-8344.  An employee may choose instead to contact another Company manager with whom the employee feels comfortable.  Any report may be made orally or in writing.  If the employee is comfortable addressing the issue with the perceived harasser, employees are encouraged to inform that individual that his/her conduct is making the employee uncomfortable and to ask the individual to stop such behavior.  Such “self-help” steps are not required, however, and in all instances the Company would prefer to be informed of the matter (whether or not the employee engages in such self-help).

Resolution Procedure

The following is an outline of the procedure that is pursued once a complaint has been brought to the attention of the Company:

  • The fact finder may ask the individual for a written statement indicating the identity of the alleged offending party and the date, location and nature of the alleged Harassment.  As soon as possible thereafter, the fact finder will meet individually with the alleged offending party to inform him or her of the contents of the complaint and provide him or her with an opportunity to respond.  If there is a significant dispute of fact, the fact finder may give each party an opportunity to identify persons who can support or corroborate his or her version of the facts.  The fact finder may also investigate the matter further by contacting those individuals and/or other individuals whom the fact finder believes may have additional information regarding the issues raised in the complaint.
  • Based upon the information gathered in the investigation, the fact finder will determine whether the Company’s policy was violated and, if appropriate, will recommend corrective action to the CEO

The Company strives to release information arising out of a complaint or investigation of sexual harassment only on a need-to-know basis.  Employees should be aware, however, that information must be shared in order for an effective investigation to be conducted and, also, that any manager or supervisor who receives a complaint of sexual harassment from an employee or who otherwise knows or has reason to believe that an employee is or has been subjected to sexual harassment is expected to report the incident promptly to the human resources manager for investigation.

If a reporting employee is unhappy with the resolution of his/her complaint, or if he/she perceives the harassment to be ongoing, he/she should immediately discuss the matter with the CFO at (617) 971-8344 or at IntelyProHR@intelycare.com.

Responsible Agencies

Responsible governmental agencies are identified in the applicable state addendum.

Accommodations For Disabilities

The Company is committed to complying with the laws protecting qualified individuals with disabilities. The Company will provide a reasonable accommodation for any known physical or mental disability of a qualified individual with a disability to the extent required by law, provided the requested accommodation does not create an undue hardship for the Company and/or does not pose a direct threat to the health or safety of others in the workplace and/or to the individual. If you require an accommodation to perform the essential functions of your job, you must notify Human Resources. Once the Company is aware of the need for an accommodation, the Company will engage in an interactive process to identify possible accommodations that will enable you to perform the essential functions of the job.

No Retaliation

IntelyCare firmly believes that all employees should have the opportunity to raise workplace concerns about equal employment opportunity, diversity, harassment, disability accommodations and other matters without fear of retaliation.  Therefore the Company strictly prohibits any form of retaliation against any employee who has raised such concerns, whether formally or informally.  Any employee found to have engaged in such retaliatory behavior will be subject to discipline, up to and including termination.  Any employee who believes he or she has been subject to retaliation should use the complaint procedure outlined in the policy against harassment, above.

II.
On The Job

 

General Expectations

IntelyCare employs you as a professional.  Our clients demand skilled and professional nursing providers and we therefore have basic, minimum expectations for IntelyPros.  Although these expectations may be discussed in more detail in these policies, basic expectations include:

  • Arrive at shifts on time
  • Show respect for all involved in an assignment, including staff, supervisors, patients and/or residents
  • Complete assignments thoroughly including all documentation
  • Provide the highest level of care
  • Adhere to all professional codes of ethics and care
  • Comply with all applicable state laws
  • Follow our policies including our Personal Code of Conduct

Personal Code of Conduct

The Company’s rules and standards of conduct are essential to providing the top quality care our clients and their patients and residents expect. Therefore, all IntelyPros must familiarize themselves with company rules and standards and the Company expects IntelyPros to abide by them.   Any employee who disregards or deviates from company rules or standards may be subject to disciplinary action, up to and including suspension or termination of employment.

While not intended to be an all-inclusive list, the examples below represent behavior that is considered unacceptable in the workplace. Behaviors such as these, as well as other forms of misconduct may result in disciplinary action, up to and including termination of employment:

 

  • Theft or inappropriate removal/possession of property
  • Falsification of timekeeping records or failure to accurately check in and out for shifts and breaks
  • Possession, distribution, sale, transfer, or use of alcohol or illicit drugs in the workplace
  • Fighting or threatening violence in the workplace
  • Gossiping or spreading rumors about co-workers
  • Boisterous or disruptive activity in the workplace
  • Negligence or improper conduct leading to damage of company-owned or customer-owned property
  • Insubordination or other disrespectful conduct
  • Violation of safety or health rules
  • Smoking in the workplace
  • Sexual or other unlawful or unwelcome harassment
  • Excessive absenteeism or any absence without notice
  • Unauthorized use of telephones, computers, or other company or customer owned equipment
  • Unauthorized disclosure of any confidential information

Social Media & Internet Use

IntelyCare is an internet based company and thus highly respects the freedom of speech the internet provides.  However, IntelyCare expects IntelyPros to abide by some basic guidelines of appropriate use of the internet regarding IntelyCare.  Accordingly, written, audio, or visual communications about the Company or the Company’s owners, employees, customers, or affiliates in a public forum (including social media such as social or professional networking websites, wikis, blogs, virtual worlds, personal websites, photo-sharing websites, video-sharing websites, message boards, chat rooms, and discussion forums) that contain false and/or defamatory information about the Company, its owners, employees, customers, clients or affiliates is strictly prohibited.  Any issues or concerns regarding the Company, its owners, employees, customers, clients or affiliates should be first communicated to Company management so that appropriate action may be taken to minimize any business disruption and/or impact on client relationships.   Such communications must also not disclose confidential information about the Company to which an employee has access because of his or her employment, nor may they include unlawful or inappropriate communications which harass or discriminate against a person on the basis of a protected characteristic.  This policy does not, however, prohibit employees from complying with or exercising their rights under any applicable federal, state, or local law, including the law regarding communicating about wages, hours, or other terms and conditions of their or their co-workers’ employment. 

Professional Standards & Qualifications

In providing services to our clients, you must at all times comply with: (a) your offer letter and the policies, procedures and guidelines of IntelyCare, which may be adopted or amended by IntelyCare from time to time; (b) all applicable federal, state and local laws and regulations; and (c) all standards of the applicable licensing boards, certifying authorities, or professional specialty boards having jurisdiction over you.  In order to work for our clients, you must be and remain licensed to practice, as applicable, in the states in which you are providing services.  By accepting an assignment, you are certifying that you have and will maintain in good standing any and all licenses, permits, registrations, or other certifications as required by applicable laws to provide the services.  Moreover, you must exercise the highest degree of skill, diligence and knowledge normally possessed by members of your profession in the states in which you provide services and conform to or exceed the applicable standards of care of such states.

Dress Code

All care providers must come to work dressed professionally, wear clean scrubs, and clean footwear.  Open-toed shoes or sandals are not allowed.

Assignments

Requesting Assignments

IntelyPros who wish to become eligible to accept an assignment requested by any of our facility-clients must first successfully complete the IntelyCare employment application process, which includes at a minimum having authorized and undergone a background check, executing an employment offer letter, providing proof of current licensure including any required documentation such as health clearances, TB tests and other documentation required by state law or facility-clients and receiving the requisite access credentials from IntelyCare to accept requests for professional services that may be posted to our site/application. 

Accepting Assignments

Once you have accepted an assignment you agree to be paid for that assignment at the rate listed in the IntelyCare app.  Cancelling an accepted assignment and then accepting it at a later date when the rate may have increased is explicitly prohibited.

Starting And Ending Your Assignment

Our app will capture your GPS coordinates just prior to the start of your shift and at the time your shift is expected to end.  We retain these GPS coordinates as part of our billing process.  Therefore, you are required to use the “Check-In” and “Check-Out” functions in the app for each assignment and payment for your work depends on your accurately and timely doing so.

  • Upon arrival, you must go to the nursing station at the facility and let them know your full name, your title (CNA/LPN/RN), and that you are arriving from IntelyCare. You must have the charge nurse sign you in via your mobile app as soon as you arrive. 
    • If you cannot find the charge nurse upon immediate arrival, have another nurse on staff sign you in or sign in on the IntelyCare tablet located at the Facility
    • If you cannot obtain a signature from a nurse, call us at 617-971-8344.
    • Your assignment begins when you check in.
  • If you encounter issues with the mobile app, sign in at the IntelyCare tablet at the facility upon arrival.
    • If there is no tablet at the facility, call us at 617-971-8344.

If you have to stay late for your assignment, beyond the scheduled time, you must have the facility charge nurse or supervisor sign for your additional time.  Our facilities expect nurses to leave on time, however, we know there may be reasons you are leaving late that are out of your control (relieving a late nurse, incident, code, etc.).

If you do not check-in and check-out we will have to wait until the facility verifies your hours.  This will potentially hold up your payment for that specific shift until the facility can manually verify your time.

Falsifying check in or check out times will result in disciplinary action, up to and including termination.

Meal Breaks

You are required to take a 30-minute break during any assignment of 6.5 hours or more.  This break is unpaid.  If for some reason you are unable to take your break at the scheduled time (i.e. for nurses, no relief to watch the unit), please notify your supervisor at the facility to ensure you are able to take your 30-minute break as soon as possible.

Compensation

Getting Paid

Our weekly payroll period runs from Sunday to Saturday, and you will be paid on a weekly basis.  Paydays are on the Friday following the week that you worked.  To set up direct deposit, visit https://workforcenow.adp.com and register as a new user.  Use the Organizational Registration Code: intely-Welcome (case sensitive).  Your hours will be collected from the IntelyCare app using your check in and check out times for the shifts you work.  You agree to accurately report your hours and to provide complete, timely, accurate documentation as may be requested by IntelyCare.

Show-Up Pay

If you show up to a shift at the facility and learn that the facility is cancelling your assignment (and it was not cancelled via your app or you were not contacted in advance by us), our policy is to pay you for your time in an amount equal the value of two hours at the applicable shift rate, unless state law requires a different formula. Please see state specific addendums attached for further details.

Ownership of Payor Fees

Your compensation through IntelyCare for an assignment shall be your sole compensation for the services you provide during an assignment.  All fees billed by our clients for the services you render are the property of such client.  The client shall have the sole and exclusive right to bill and collect from any and all third-party payors, for the services you provide.  By accepting an assignment, you irrevocably assign to the client, as applicable, all receivables and collections with respect to your services.  You also agree to comply with all laws pertaining to billing and reimbursement and all requirements of any third-party payors contracting with our clients.  You shall prepare, execute and deliver to the client such assignments and/or other documents as may be requested by the client and necessary or appropriate, including, without limitation, Form CMS-855R.

Cell Phone Use

Cell phones/smartphones are an essential component of being an IntelyPro.  However, the use of these devices shall be limited to the “start” of the shift to “Check In” and at the “end” of the shift to “Check Out”.  Important:  as per the policy for any healthcare facility, mobile devices are not allowed to be utilized while on the unit and may be assumed as violating HIPPA protected rights of patients.  Therefore, you must not use your mobile device while on assignment at any time, other than to Check In or Out.

Absences and Leave

Calling Out

We understand that schedules change and emergencies happen. 

If you need to call out 12 hours or more before your shift, please call out using the mobile app.  If you need to call out within 12 hours of the beginning of the shift, you must CALL our main number (617-971-8344).  Depending on the circumstances, failing to call out may result in temporary suspension.  Excessive, unexcused call outs may result in disciplinary action up to and including termination. 

If you do not call out before your shift and you do not arrive at the shift (a no call/no show), the Company may terminate your employment immediately.

Tardiness

It is important that you arrive at the “start” of your shift and are prepared to begin your shift at that time.  It is a good idea to arrive a few minutes before the “start” of your shift, especially when you are working at a facility for the first time.  Excessive, unexcused late arrivals may result in disciplinary action up to and including termination. 

Family Medical Leave

The Company is a FMLA employer and complies with the FMLA.  To that end, the Company has included a copy of the general notice of FMLA rights from the US Department of Labor, attached to this handbook as Exhibit A.

The Company requires eligible employees to notify it as soon as possible and practicable of the need for FMLA and to then certify the need for FMLA.  If possible, employees must schedule foreseeable absences so as to avoid taking leave, or if leave must be taken to ensure the least disruption as possible.  The Company is required to provide written information to the employee, and may contact the employee for questions/clarification, so part of the Company’s uniform call-in policy requires employees to advise it of a street address and phone number so that the Company may reach the employee by mail or phone.

The Company utilizes a rolling calendar year for the purposes of calculating FMLA usage.  Therefore, an employee may not use more than 12 weeks of FMLA in ANY 12 month period (except military caregiver leave).  The Company reserves the right to convert salaried employees to hourly during periods of intermittent or reduced schedule leave.

During leave, health benefits will be maintained, but employees must pay their portion of the premium payments.  If the employee is exhausting other forms of paid leave while on FMLA, the employee portion of the premium will be deducted from the employee’s pay.  If the employee is on unpaid leave, the employee must make arrangements to make premium payments.  If the employee fails to make the required premium payment by the due date, the Company will provide written notice of such failure.  If the employee fails to make the premium payment within 30 days of the due date or within 15 days of written notice, whichever is longer, then health and welfare benefits will be terminated retroactively to the original due date.

The Company requires a fitness for duty certification if the employee is using FMLA for their own serious health condition.  The Company also requires employees on unforeseeable intermittent leave to adhere to the call-in procedures of his or her department.  Further, the Company requires all employees on FMLA to periodically report on their status and intent to return to work.  FMLA leave must be used for its intended purpose.  If the need for leave ends, employees should make arrangements to return to work. 

FMLA is an important right for employees.  It permits time away from work for qualifying reasons without concern that the employee’s absence will result in the loss of job benefits or the job itself.  The Company fully supports its employees and is committed to providing employees with leave.  However, employees should understand that providing false information in order to have an absence covered under the FMLA will result in immediate disciplinary action, up to and including termination.

Drug Free Workplace

The Company is committed to providing an environment for its employees that is free of problems associated with substance abuse.  Employees reporting for work under the influence of alcohol or illegal drugs present a safety hazard to themselves, other employees, guests and the general public.  The use of alcohol and illegal drugs in the workplace or on Company business, whether on or off Company premises, can impair an employee’s ability to do the job; can result in serious accidents; and can seriously impede business operations.

The use, possession, sale, purchase, solicitation, distribution, or being under the influence of, alcohol or any illegal drug may result in disciplinary action, up to and including termination of employment.

An exception is made for the consumption of alcohol in moderation at functions at which service of alcohol beverages has been authorized by the Company.  Even in those instances, however, employees are expected to limit consumption so as not to pose a risk to the safety of themselves or others.  Employees are also cautioned against performing any job functions while judgment, behavior or performance is impaired by alcohol.

The use of prescription medication, if prescribed for the employee by a licensed physician, is permitted, provided such use will not impair the employee’s ability to do their job effectively or pose a risk to the safety of the employee or others.  Only the employee must use such medication; distribution to other employees is not allowed.  Employees must advise their manager if they are taking any prescribed medication or over-the-counter medication that may adversely affect job performance or safety.

Inclement Weather

The Company’s clients depend on IntelyPros to care for their patients or residents.  Accordingly, it is important that you report to work as scheduled regardless of the weather, except in extraordinary circumstances.  As such, absent a weather emergency or extreme circumstances you will be expected to report to work as scheduled. Failure to do so will be considered a call out.

If you need to call out 12 hours or more before your shift, please call out using the mobile app.  If you need to call out within 12 hours of the beginning of the shift, you must CALL our main number (617-971-8344).  Depending on the circumstances, failing to call out may result in temporary suspension.  Excessive, unexcused call outs may result in disciplinary action up to and including termination. 

If you do not call out before your shift and you do not arrive at the shift (a no call/no show), the Company may terminate your employment immediately.

Ending Employment

Performance and Termination

IntelyCare demands the highest standards of employees performance so that it can provide the highest standards of care for our client’s patients or residents  As such, IntelyPros are expected to do their work professionally and consistent with these high expectations.

As the Company’s managers are not onsite, performance is often measured by our clients and their managers.  If an employee’s performance does not meet the standards set by our clients, we normally would be informed by the client and any deficiencies will be addressed through corrective action by the Director of Operations, with the assistance of the Chief Nursing Officer and Human Resources.  Depending upon the circumstances, corrective action may include one or more of the following: oral warning, written warning, a period of probation, demotion or termination of employment.  Please note that the Company is not bound to follow any specific step or procedure prior to termination and it may elect to immediately terminate employment.

IntelyPros who fail to accept and complete a shift for a period of six months without notifying the company of the need for a leave of absence will be considered to have voluntarily resigned as a result of job abandonment. Their account will be deactivated and they will not be able to accept new shifts. IntelyPros that have voluntarily resigned may re-apply for employment but may need to be recredentialed prior to re-employment.

No Access After Termination

Upon termination of your employment with IntelyCare, your user account and access credentials for our application will be immediately revoked and you shall no longer be eligible to accept requests for professional services that may be posted to our site/application.

MA – Addendum

 

 

Policies and Guidelines for IntelyPros - Massachusetts Addendum

The following policies supplement the policies contained in the IntelyCare’s Policies and Guidelines for IntelyPros (Policies) and are specific to the Commonwealth of Massachusetts.  Where this Addendum and the Employee Handbook conflict, this Addendum states IntelyCare’s policy.

The contents of this Addendum are guidelines only.  Neither this Addendum nor any other IntelyCare guidelines, policies, or practices creates an employment contract.  IntelyCare reserves the right to change, correct, modify, or revoke this Addendum or any of its terms at any time with or without notice.  Nothing in this Addendum alters the at-will nature of employment.  Although other terms, conditions, and benefits of employment with IntelyCare may change from time to time, the at-will nature of employment with IntelyCare is one aspect of the employment relationship that cannot be changed by any oral statement or alleged oral statement.  It can only be changed pursuant to a written agreement covering employment status.

Massachusetts Paid Sick Leave

The Company recognizes that employees will need days off from work from time to time to address their own medical needs, those of family members, and related purposes.  This policy is intended to ensure that all eligible employees receive paid sick leave in accordance with any applicable paid leave requirements under state or local law related to an employee’s own health condition, an eligible family member’s health condition, to address cases of domestic violence, sexual assault, or stalking, for certain covered public health emergencies, and for bereavement leave.  Paid sick leave under this policy is not being provided in addition to any pre-existing available paid time off or paid sick leave, which is now superseded by this policy.

Eligibility

This policy applies to all employees, including full-time, part-time, seasonal, and temporary employees engaged by the Company directly (i.e., not through third party staffing agencies). 

Definitions

For purposes of this policy:

“Child” shall include, where consistent with applicable state or local law, an employee’s biological, adopted, and foster children, stepchildren, legal wards, or children for whom the employee has assumed the responsibilities of parenthood (i.e., stands “in loco parentis).”

“Eligible family member” shall include, where consistent with applicable state or local law, an employee’s:  (1) spouse, domestic partner, registered domestic partner, civil union partner, or life partner (2) child, (3) parent, (4) grandparent or spouse of grandparent, (5) grandchild, and (6) sibling.

“Parent” shall include, where consistent with applicable state or local law, the biological, adopted, and foster parents or stepparents of an employee or an employee’s spouse, domestic partner, registered domestic partner, civil union partner, life partner, or designated person of the employee’s choice, or a person who stood “in loco parentis” to an employee or an employee’s spouse or registered domestic partner.

“Sibling” shall include, where consistent with applicable state or local law, step-siblings, half-siblings, and spouses of siblings, step-siblings, and half-siblings.

Accrual of Sick Leave

All employees accrue one hour of paid sick leave for every thirty hours worked, up to a maximum of forty (40) hours total per calendar year.  The maximum accrued paid sick leave that an employee may have for use at any time is 40 hours. 

At the end of each calendar year, all employees may roll over up to 40 hours of unused earned sick time into the following calendar year.  However, those employees who have a maximum of 40 hours of earned sick time will not accrue any additional time until his or her accrued amount drops below 40 hours. 

Any unused portion will not be paid out at the end of each annual period year or upon termination or resignation of employment. 

Use of Paid Sick Leave

Paid sick leave may only be used to replace a shift which has been previously accepted.  Employees may use accrued paid sick days beginning on their 90th day of employment.

Employees may use paid sick leave, where consistent with applicable state or local paid leave requirements, to:

  • attend appointments or receive care for the employee’s own physical or mental illness, injury, or medical condition, including conditions requiring home care, professional medical diagnosis or treatment, or preventive care;
  • attend appointments or provide care for an eligible family member’s physical or mental illness, injury, or medical condition, including conditions requiring home care, professional medical diagnosis or care, or preventive care;
  • address the psychological, physical, or legal effects of domestic violence, sexual assault, or stalking;
  • take time off when an employee’s place of business or a child’s school or place of care has been closed by order of a public official due to a public health emergency;
  • travel to and from an appointment, pharmacy or other location related to the purpose of for which the time was taken; or
  • take bereavement leave for the death of a family member.

The use of paid sick leave for other purposes (such as for “personal days”) is prohibited.  .  An employee may not accept a shift with the intention of calling out from the shift in order to use sick leave.  Abuse of legally-mandated paid sick leave may result in disciplinary action up to and including termination. 

Employees must use paid sick leave in  hourly increments equal to  the paid portion of the shift they had previously accepted.  In the event the employee needs to leave before the end of the shift, employees may use paid sick leave in hourly increments.  Sick time will be paid at the employee’s rate of pay for the shift that was cancelled.

Notification to the Company

If the need for sick leave is foreseeable, the employee should provide advance notice as soon as possible and in any event not less than seven days’ notice.  If the need for sick leave is unforeseeable, the employee shall provide notice of the need for leave as soon as practicable. Notice should be given by contacting Operations at (617-971-8344)

Documentation for Paid Sick Leave

If an employee uses paid sick leave for more than three (3) consecutive shifts, the Company may require reasonable documentation of the purpose for paid sick leave.  Documentation may include, but is not limited to, a signed statement from a health care provider.

The Company also reserves the right to require documentation from a health care provider verifying an employee’s need to use paid sick leave, if there are indications of a pattern of abuse, such as repeated use of unscheduled paid sick leave on or adjacent to weekends, holidays, or pay day, regardless whether the employee has used paid sick leave for more than three consecutive days.

Compensation for Paid Sick Leave

Paid sick leave will be paid at the hourly rate for the shift which was canceled by the employee.  Timekeeping documentation should clearly reflect all paid sick leave taken.

Protection of Sick Pay Leave Use

The Company prohibits discrimination or retaliation against employees because of an employee’s request for, or use of, legally-mandated paid sick leave under state or local law.  If you believe that you have been treated unfairly on account of your use of, or request for, legally-mandated paid sick leave, please immediately report this concern to the Director of Operations so that the matter may be reviewed and appropriate corrective action may be taken.

Pregnant Workers Fairness Act Notice 

Employees in Massachusetts have the right to be free from discrimination in relation to pregnancy or a condition related to the employee’s pregnancy including, but not limited to, lactation or the need to express milk for a nursing child, including the right to reasonable accommodations for conditions related to pregnancy.  Employers may not treat employees less favorably than other employees based on pregnancy or pregnancy-related conditions, and may not refuse to hire or deny an employment opportunity to an employee because of the employee’s request for or use of a reasonable accommodation for pregnancy or a pregnancy-related condition.

To request an accommodation for your pregnancy or a pregnancy-related condition, please contact Human Resources or your manager.  Upon such request, we will engage in an interactive process to work with you to determine a reasonable accommodation to enable you to perform the essential functions of your job. 

An employer cannot require an employee affected by pregnancy or a pregnancy-related condition to accept an accommodation if that accommodation is unnecessary to enable the employee to perform the essential functions of the job.  An employer cannot require an employee to take a leave if another reasonable accommodation may be provided for the known conditions related to the employee’s pregnancy, without undue hardship to the company.

We may require that medical documentation about the need for a reasonable accommodation be provided, however, we will not require medical documentation about the need for an accommodation for pregnancy or pregnancy-related conditions if the accommodation requested is 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.

Massachusetts Parental Leave

Full-time employees may take an eight-week unpaid leave for purposes of giving birth or the placement or adoption of a child under 18 (or under the age of 23 if the child is mentally or physically handicapped) and to care for such child, provided that the employee:  (1) has completed 90 days of employment, (2) gives at least 2 weeks’ notice of the anticipated date of departure from work, and (3) states his/her intention to return to work at the Company at the end of the leave.  If two Company employees require leave with regard to the birth, placement, or adoption of the same child, they shall only be entitled to 8 weeks of leave in aggregate.

If employee is FMLA-leave eligible, parental leave will run concurrent with Family and Medical Leave Act leave.  This means the both leaves run at the same time, but the employee will be entitled to the greater of the FMLA or Massachusetts Parental leave.

Leave For Victims of Domestic Violence or Sexual Assault

If you or your family member is the victim of domestic violence or abusive behavior, or if you are the victim of sexual assault, you may take up to 15 days of unpaid leave in a 12-month period for reasons related to addressing the abusive behavior or sexual assault, including but not limited to:

  • seeking medical attention for injuries caused by domestic violence or sexual assault,
  • seeking services from a domestic violence shelter or rape crisis center,
  • seeking psychological counseling for domestic violence or sexual assault related experience,
  • taking appropriate steps to ensure safety from future violence including meeting with a district attorney or other law enforcement official, attending child custody proceedings, seeking restraining orders or other injunctive relief and/or temporary or permanent relocation.

The Company will maintain the confidentiality of documentation and reports of abuse provided to it except as ordered by a court, required in the course of a law enforcement investigation, authorized by the employee in writing, otherwise required by law, or as necessary to protect the safety of the employee or other employees.

An employee who has complied with his or her obligations under this policy will be reinstated to the position he or she held prior to leave or to an equivalent position, unless business conditions resulted in the elimination of the employee’s former position during the leave or the employee would not otherwise have continued to be employed had he or she continued in active employment.  An employee shall not be retaliated or discriminated against for requesting or taking leave under this policy. 

Massachusetts Small Necessities Leave

The Company will provide eligible employees with a total of up to 24 hours of leave during any twelve-month period to allow them to participate in certain family obligations.  In order to be eligible, an employee must have worked for the Company for at least twelve months and 1,250 hours or more in the preceding twelve-month period. 

An eligible employee may take small necessities leave to:

  • participate in school activities directly related to the educational advancement of his or her child;
  • take his or her child to routine medical or dental appointments; or
  • accompany an elderly relative to routine medical or dental appointments or for other “professional” services related to the elder’s care. 

An eligible employee is entitled to 24 hours of such leave in addition to the leave provided for by FML.  An eligible employee may take the leave in full at one time, intermittently, or through a reduced leave schedule.

An employee must provide the Company seven days’ notice prior to the leave if the need for leave is foreseeable.  If the need for leave is not foreseeable, however, then the employee must provide as much notice as is practicable.

For any questions related to this policy, please contact Human Resources.

Massachusetts Temporary Workers Right to Know

To the extent the Massachusetts Temporary Workers Right to Know law applies to IntelyPros, the Company provides the following information:

  • The name, address, and telephone number of IntelyCare is 1515 Hancock St Suite #203, Quincy, MA 02169, IntelyCare’s workers’ compensation carrier is The Hartford PO Box 3556 Orlando, FL 32802-3556, the worksite employer will be identified through the app, and the Massachusetts Department of Labor Standards contact information is 19 Staniford Street, 2nd Floor, Boston, MA 02114, Tel: 617-626-6975;
  • Position descriptions are provided generally via the IntelyCare app when signing up for a specific shift, and any applicable licensure or training/experience is described as well.
  • IntelyPros are expected to dress professionally, wear clean scrubs and appropriate footwear (no open toed shoes or sandals);
  • IntelyCare’s pay date is described in the Handbook. Rates are as identified for the shift offered through the app.  No overtime will be required or expected (and is not authorized), although IntelyPros made need to stay beyond their scheduled end time to complete any necessary tasks;
  • Starting and ending times are identified through the app;
  • No charges are ever made to IntelyPros for supplies or training or for any other reason
  • Meals are not provided; and
  • Transportation is not provided.

Show-Up Pay

If you show up to a shift at the facility and learn that the facility is cancelling your assignment (and it was not cancelled via your app or you were not contacted in advance by us), our policy is to pay you for your time in an amount equal to the greater of the value of two hours at the applicable shift rate or three hours at the then applicable minimum wage (currently equal to $33).

Sexual Harassment: Responsible Agencies in Massachusetts

The United States Equal Employment Opportunity Commission
1 Congress Street – 10th floor
Boston, MA 02114
(800) 669-4000
http://www.eeoc.gov/field/boston/

The Massachusetts Commission Against Discrimination:
Boston Office
1 Ashburton Place Suite 601
Boston, MA 02108
(617) 994-6000

Worcester Office
484 Main Street Room 320
Worcester, MA 01608
(508) 453-9630

Springfield Office
436 Dwight Street Room 220
Springfield, MA 01103
(413) 739-2145

New Bedford Office
800 Purchase Street Room 501
New Bedford, MA 02740
(508) 990-2390

http://www.mass.gov/mcad/

OH-Addendum

 

Policies and Guidelines for IntelyPros - Ohio Addendum

The following policies supplement the policies contained in the IntelyCare’s Policies and Guidelines and are specific to the State of Ohio.  Where this Addendum and the Policies conflict, this Addendum states IntelyCare’s policy.

The contents of this Addendum are guidelines only.  Neither this Addendum nor any other IntelyCare guidelines, policies, or practices creates an employment contract.  IntelyCare reserves the right to change, correct, modify, or revoke this Addendum or any of its terms at any time with or without notice.  Nothing in this Addendum alters the at-will nature of employment.  Although other terms, conditions, and benefits of employment with IntelyCare may change from time to time, the at-will nature of employment with IntelyCare is one aspect of the employment relationship that cannot be changed by any oral statement or alleged oral statement.  It can only be changed pursuant to a written agreement covering employment status.

Medical Marijuana

Ohio law does not require accommodation of an applicant or employee’s use, possession, or distribution of medical marijuana and no exceptions to the Drug Free Workplace Policy will be made for medical marijuana use, possession or distribution.

Employee Possession of Firearms

Possession of concealed handguns or other weapons on Company premises is prohibited, unless an employee maintains a valid concealed handgun license and keeps his or her firearm(s) inside the employee’s vehicle in the Company’s parking lot, while the employee is present, or locks the firearm(s) within the employee’s trunk, glove box, or other closed compartment in the Employee’s vehicle.  Except as permitted under Company policy, including this Ohio addendum, possession of a concealed handgun or other weapon on Company property, in Company vehicles, or at Company sponsored functions is prohibited.

Military Family Leave

To qualify for Ohio Military Family Medical Leave, you must have worked at the company for at least twelve (12) consecutive months and must have worked at least 1,250 hours during the twelve (12) months preceding the leave.

If you are the parent, spouse, or a person who has or had legal custody of a person who is a member of the uniformed services, and who is called into active duty in the uniformed services for a period longer than thirty (30) days or is injured, wounded, or hospitalized while serving on active duty in the uniformed services, you may be eligible for Military Caregiver Leave under the Ohio Military Family Medical Leave Act, which is in addition to any Military Caregiver Leave you may be eligible for under the FMLA.

If an employee is deemed eligible for Ohio Military Family Leave, the employee may take unpaid leave once per calendar year for ten (10) days, or eighty (80) hours, whichever is less. 

Employees taking Ohio Military Family Medical Leave must take leave no more than two (2) weeks prior to, or one (1) week after, the member of the uniformed services’ deployment date and must exhaust all other available leave, including FMLA and vacation, except sick leave or disability leave.

If the leave is being taken because of a call to duty, employees must give at least fourteen (14) days’ notice.  If leave is due to injury, wound, or hospitalization, employees must give at least two (2) days’ notice.  If an employee receives notice from a representative of the uniformed services that the injury, wound, or hospitalization is of a critical or life-threatening nature, the employee may take the leave under this section without providing notice to the company.

For information on required documentation, benefits, and job restoration, please refer to the FMLA Policy.

Leave for Victims of Crimes

An employee who is the victim of a crime or who is the family member of a victim of a crime may take time off from work—

  • to participate in the preparation of a criminal or delinquency proceeding at the prosecutor’s request or
  • to attend, pursuant to a subpoena, a criminal or delinquency proceeding if reasonably necessary to protect the interests of the victim.

Before you are absent for such a reason, you must provide documentation of the scheduled proceeding.  If advance notice is not possible, you must provide appropriate documentation within a reasonable time after the absence.

Under this section, “family member” means a spouse, child, stepchild, sibling, parent, stepparent, grandparent, or other relative of a victim. “Family member” does not include a person who is charged with or convicted of the crime or delinquent act against the victim.

Time off under this section is without pay, although an employee may elect to use vacation during the leave from work.

Emergency Responder Leave

An employee who is a member of a volunteer fire department, or who is employed as a volunteer firefighter, or who is a volunteer provider of emergency medical services may take time off from work when acting as a volunteer firefighter or a volunteer provider of emergency medical services in response to an emergency prior to the time the employee is to report to work.

An employee who takes time off work to respond to an emergency must provide the company with a written statement from the chief of the volunteer fire department or the medical director or chief administrator of the cooperating physician advisory board of the emergency medical service organization, stating that the employee responded to an emergency and listing the time of that response.

Time off under this section is without pay, although an employee may elect to use vacation during the leave from work.

Under Ohio law, an employee who is a volunteer firefighter or volunteer provider of emergency medical services must do the following—

  • not later than thirty (30) days after receiving certification as a volunteer firefighter or a volunteer provider of emergency services, submit to the company a written notification signed by the chief of the volunteer fire department with which the employee serves, or the medical director or chief administrator of the cooperating physician advisory board of the emergency medical organization with which the employee serves, notifying the company of the employee’s status as a volunteer firefighter or volunteer provider of emergency services and
  • make every effort to notify the company that the employee may report late to or be absent from work due to the employee’s dispatch to an emergency.

If notification of dispatch to an emergency cannot be made due to the extreme circumstances of the emergency or the inability to contact the employer, then the employee must submit to the company a written explanation from the chief of the volunteer fire department with which the employee serves, or the medical director or chief administrator of the cooperating physician advisory board of the emergency medical service organization with which the employee serves, explaining why prior notice was not given.

Witness Leave

Employees may take time off work to attend, pursuant to a subpoena, a proceeding: (1) before a grand jury; (2) in a criminal case; or (3) in a juvenile case.  Such leave is generally unpaid.

PA – Addendum

 

Policies and Guidelines for IntelyPros - Pennsylvania Addendum

The following policies supplement the policies contained in the IntelyCare, Inc. (“IntelyCare”) Employee Handbook and are specific to the Commonwealth of Pennsylvania.  Where this Addendum and the Employee Handbook conflict, this Addendum states IntelyCare’s policy.

The contents of this Addendum are guidelines only.  Neither this Addendum nor any other IntelyCare guidelines, policies, or practices creates an employment contract.  IntelyCare reserves the right to change, correct, modify, or revoke this Addendum or any of its terms at any time with or without notice.  Nothing in this Addendum alters the at-will nature of employment.  Although other terms, conditions, and benefits of employment with IntelyCare may change from time to time, the at-will nature of employment with IntelyCare is one aspect of the employment relationship that cannot be changed by any oral statement or alleged oral statement.  It can only be changed pursuant to a written agreement covering employment status.

Policy Against Discrimination, Harassment, and Retaliation

In addition to IntelyCare’s anti-discrimination, harassment and retaliation policy, pursuant to Pennsylvania law, IntelyCare does not discriminate against employees based on familial status; possession of a diploma based on passing a general education diploma (GED) or test; willingness or refusal to participate in abortion or sterilization; and use of guide or support animals because of blindness, deafness, or physical handicap. 

Jury Duty

If an employee is summoned to jury duty, IntelyCare will grant him or her an unpaid leave of absence for the jury service.  To qualify for jury duty leave, proof of service must be submitted to the employee’s supervisor when the period of jury duty is completed.

Crime Victim Leave Policy

An employee who has been the victim of domestic abuse, stalking, or sexual assault, or whose family member (including the spouse, domestic partner, parents, parents of a spouse, grandchildren, or children) has been the victim of abuse, may take an unpaid leave of absence to attend court proceedings, take legal action, seek medical attention, obtain counseling or other services from a victim services organization, relocate, or take other actions to enhance the health and safety of the employee or his/her family member, subject to applicable law.

The employee should provide advance notice (i.e. 10 days) if practicable. Additionally, if the leave will be for 3 or more days, the employee must provide certification of his/her need to take leave under this policy to his/her supervisor. Certification may be satisfied by providing any of the following: a police report indicating that the employee was a victim of domestic violence, stalking, or sexual abuse; a court order protecting or separating the employee from the perpetrator of an act of domestic violence, or other evidence from the court or prosecuting attorney that the employee appeared in court; or documentation from a medical professional, domestic violence advocate, health care provider, or counselor, that the employee (or his/her child) was undergoing treatment for physical or mental injuries or abuse resulting in victimization from an act of domestic violence.

Emergency Response Leave

Certain employees, including volunteer firefighters, volunteer fire police officers, and volunteer members of an ambulance or rescue squad, are permitted to take leave as necessary, where the employee is required to respond to the emergency call, if the employee has responded to a call prior to the time he or she is due to report for work.

Military Leave

In addition to IntelyCare’s military leave policy, Pennsylvania law provides job protections for military service members. Employees who enlist or are drafted must return from military leave within 90 days after the completion of military service. Military leave for participation in the Pennsylvania National Guard expires 30 days after the completion of the military service. 

State of Emergency Leave

IntelyCare will not terminate or discipline an employee for failing to report to work due to a closure of the roads in the county of the IntelyCare’s place of business, the county where the employee is to report to work, or the county of the employee’s residence due to a state of emergency declared by the Governor. The employee will not be paid for a work day in which the employee fails to report to work due to road closures.

Paid Sick Leave (Philadelphia County)

Employees in Philadelphia working at least 40 hours in a calendar year will accrue one (1) hour of paid sick leave for every 40 hours worked, not to exceed forty (40) hours per calendar year.  Eligible employees will begin to accrue time from their date of hire, but may not use the accrued paid leave until after 90 calendar days of employment with IntelyCare.  Paid sick leave may only be used to replace a shift which has been previously accepted.  

 

Once an employee completed 90 days of employment, he/she may use accrued paid sick leave for the following reasons:

  • An absence resulting from a physical or mental illness, injury, or medical condition of the employee;
  • An absence resulting from obtaining a professional medical diagnosis or care or preventative medical care for the employee;
  • An absence for the purpose of caring for a family member who has any of the conditions or needs above; or
  • If the employee or the employee’s family member is a victim of stalking, domestic violence, or sexual abuse, an absence in order to take the following actions that directly relate to the stalking, violence or abuse: 1) seek medical attention for the employee or the employee’s family member; 2) obtain services from a victim services organization; 3) obtain psychological or other counseling; 4) relocate; or 5) take other actions to enhance the physical, psychological, or economic health and safety of the employee or the employee’s family member or to enhance the safety of those who associate or work with the employee.

Sick time may only be used for shifts that were previously accepted and will be paid at the employee’s rate of pay for the shift that was cancelled. Employees must use paid sick leave in  hourly increments equal to the paid portion of the shift they had previously accepted.  In the event the employee needs to leave before the end of the shift, employees may use paid sick leave in hourly increments.  Sick time will be paid at the employee’s rate of pay for the shift that was cancelled

The use of sick time must be documented on the employee’s timesheet. Sick time taken under this policy will run concurrently with all other leave under state and federal law, except where otherwise prohibited by law.  Paid sick leave may only be used for the purposes described in this policy or as allowable by law and may not be taken as vacation, a personal day or as a holiday. The use of paid sick leave for other purposes (such as for “personal days”) is prohibited.  An employee may not accept a shift with the intention of calling out from the shift in order to use sick leave.  Abuse of legally-mandated paid sick leave may result in disciplinary action up to and including termination. 

Except in the case of an emergency, employees must give reasonable advance notice to their manager or other company representative of any absence from work for which they intend to use paid sick leave. The notice should include a reason for the absence and an indication of when he/she can be expected to report to work.

Certification of the reason for paid sick leave must be provided for a leave request of three (3) or more consecutive days. Certification may include:

  • Signed document from a healthcare provider affirming the illness of the eligible employee or the employee’s family member;
  • A police report indicating that the employee or the employee’s family member was the victim of stalking, domestic violence, or sexual abuse;
  • A court order indicating that the employee or employee’s family member was the victim of stalking, domestic violence, or sexual abuse; or
  • A signed written statement from a victim and witness advocate or a domestic violence counselor affirming that the employee is involved in legal action or proceedings related to stalking, domestic violence, or sexual abuse.

Unused paid sick leave accrued in one payroll calendar year shall be carried over to the next payroll calendar year; however, an employee may not use more than a total of five (5) days paid sick leave in any payroll calendar year.

Unused, accrued sick leave will not be paid to employees upon termination of employment.

An employee whose employment terminates after completion of ninety (90) days of employment and who is rehired within one (1) year after the date of termination may, upon rehire, access all accrued paid sick leave available at the point of termination. If there is a separation of employment for more than one year, the Company will not reinstate accrued paid sick leave and the rehired employee shall be considered to have newly commenced employment.

It is your responsibility to apply for any applicable benefits for which you may be eligible as a result of the illness or disability. Your sick leave benefits will be fully integrated with other benefits available to you such that at no time will you be paid more than your regular compensation.

RI – Addendum

 

Policies and Guidelines for IntelyPros - Rhode Island Addendum

The following policies supplement the policies contained in the IntelyCare’s Policies and Guidelines for IntelyPros (Policies) and are specific to the State of Rhode Island.  Where this Addendum and the Policies conflict, this Addendum states IntelyCare’s policy.

The contents of this Addendum are guidelines only.  Neither this Addendum nor any other IntelyCare guidelines, policies, or practices creates an employment contract.  IntelyCare reserves the right to change, correct, modify, or revoke this Addendum or any of its terms at any time with or without notice.  Nothing in this Addendum alters the at-will nature of employment.  Although other terms, conditions, and benefits of employment with IntelyCare may change from time to time, the at-will nature of employment with IntelyCare is one aspect of the employment relationship that cannot be changed by any oral statement or alleged oral statement.  It can only be changed pursuant to a written agreement covering employment status.

Show-Up Pay

If you show up to a shift at the facility and learn that the facility is cancelling your assignment (and it was not cancelled via your app or you were not contacted in advance by us), our policy is to pay you for your time in an amount equal the value of three hours at the applicable shift rate.

Rhode Island Parental and Family Medical Leave

The Rhode Island Family Medical Leave Act (RI-FMLA) affords IntelyPros who have worked for The Company for at least one year at full-time employment status with up to thirteen (13) weeks of unpaid leave to be used within a two-calendar year period.  IntelyPros must provide thirty (30) days’ notice if they intend to use RI-FMLA.  In addition to many of the same protections afforded by the federal FMLA, the RI-FMLA includes time-off to care for parents-in-laws. 

If employee is FMLA-leave eligible, RI-FMLA will run concurrent with Family and Medical Leave Act leave.  This means the both leaves run at the same time, but the employee will be entitled to the greater of the FMLA or RI-FMLA.

Rhode Island Military Family Relief Act

Employees with full-time status for over one year are entitled to unpaid leave if they have children or spouses who are members of the military called into active service for more than thirty (30) days.  Eligible employees are entitled to a maximum of thirty (30) days of unpaid leave during the time their relative’s military orders are in effect.

Rhode Island Temporary Caregiver Insurance Program

Employees with full-time status for over one year are entitled to up to four (4) weeks of unpaid leave to care for an ill or injured child, spouse, domestic partner, parent, parent-in-law, or grandparent, or to bond with a newborn or adopted child.  Employees must provide at least thirty (30) days’ notice of their intent to take Caregiver Leave and must use this leave concurrently with any unused FMLA or RI-FMLA leave they have remaining in a given year.  Additionally, these Employees are eligible for temporary income assistance through the Rhode Island Department of Labor and Training.  For more information, please contact Human Resources.

School Involvement Leave

Employees who have been employed for twelve (12) consecutive months are entitled to up to ten (10) hours of unpaid leave per calendar year to attend a child’s or dependent’s school-related events.  Employees may be required to use accrued paid leave during these absences.

Paid Sick and Safe Time

Beginning July 1, 2018, Rhode Island full and part-time employees may take up to 24 hours of paid sick time during the remainder of 2018, up to 32 hours of paid sick time in 2019 and up to 40 hours of paid sick time each year thereafter, per calendar year to:

  • care for the employee’s own illness, injury or need for diagnosis that requires home care, professional care, or preventative care;
  • care for the employee’s child, parent, spouse, parent, parent-in-law, grandparent, grandchild, domestic partner, sibling or other member of the employee’s household who has an illness or injury that requires home care, professional care, or preventative care;
  • address the effects of a closure of the employee’s place of business or the closure of an employee’s child’s place of care or school due to a declared public health emergency, or where a public health official or health care provider has determined that the employee’s or the employee’s child, parent, spouse, parent, parent-in-law, grandparent, grandchild, domestic partner, sibling or other member of the employee’s household’s presence in the community jeopardizes public health due to suspected exposure to a communicable disease; or
  • address the effects of domestic violence, sexual assault or stalking when the employee or the employee’s child, parent, spouse, parent, parent-in-law, grandparent, grandchild, domestic partner, sibling or other member of the employee’s household is a victim.

Employees will accrue paid sick time at a rate of one hour of earned sick time for every 30 hours worked, with a cap of 24 hours of earned sick time in 2018, 32 hours in 2019, and 40 hours for each year thereafter, per calendar year.  Those employees not paid on an hourly basis will be considered as working 40 hours per week for the purpose of sick time accrual.  Newly-hired employees will begin accruing sick time on the first date they perform work but will not be permitted to use any earned sick time until 90 days after the start of their employment.  At the end of each calendar year, all accrued, unused sick time will carry-over to the following year, but employees may only use up to 32 hours in 2019 and up to 40 hours in each calendar year thereafter.  If an employee leaves the Company but returns after a break in service of 135 days or less, the employee shall maintain the right to use any earned sick time that had accrued prior to the break in service.

The Company will not pay out compensation to employees for any accrued unused sick time that remains at the end of the calendar year or at the termination of employment.

Employees must notify their supervisor any time they intend to use paid sick leave, but they need not inform the Company of the underlying reason or specific illness causing the need for the leave.  If the need to use paid sick leave is foreseeable, the employee should provide advance notice in writing as soon as he/she is aware of the need to use paid sick leave, and in any event, no less than seven days in advance of the planned absence.  If the need to use paid sick leave is unforeseeable, the employee should report his/her absence and the need to use paid sick leave as soon as practicable.

Employees must use paid sick leave in the hourly amount of the paid portion of the shift they had previously accepted.  In the event the employee needs to leave before the end of the shift, employees may use paid sick leave in hourly increments. 

 

If an employee uses paid sick leave for an absence of more than three consecutive work days, the employee must provide certification of the need for paid sick leave.  Such certification may include either a written certification by a health care provider or information regarding a domestic violence, sexual assault or stalking situation.  An employee using any increment of sick time within two weeks of the employee’s final day of employment or in an established pattern immediately preceding or following weekends or holidays may also be required to provide certification of the need for such leave.  The certification need not explain the nature of the illness or the details of the domestic violence. 

Paid sick leave will run concurrently with Family and Medical Leave, if applicable.  No employee will suffer any adverse employment consequences for inquiring about or using paid sick leave.

Sexual Harassment: Responsible Agencies in Rhode Island

The United States Equal Employment Opportunity Commission
1 Congress Street – 10th floor
Boston, MA 02114
(800) 669-4000
http://www.eeoc.gov/field/boston/

The Rhode Island Commission for Human Rights
180 Westminster Street, 3rd Floor
Providence, RI 02903
(401) 222-2616
http://www.richr.state.ri.us

Access to Employee Records

Employees will be able to view their personnel records within seven (7) days of a written request and may do so up to three times a year.  The Company will not allow originals to be removed from employee personnel files, but copies will be made for a reasonable fee to the employee.

Assignment Position Information

Prior to an IntelyPro’s assignment to a client for the first time, the IntelyPro will be provided the following: (a) a written description of the assignment’s principle duties and expectations, (b) the assignment’s anticipated duration, (c) the IntelyPro’s rate of pay during the assignment, (d) the benefits the IntelyPro may be eligible for during the assignment, (e) the IntelyPro’s anticipated schedule during the assignment, and (f) any known work hazards the IntelyPro should be aware of during the assignment.  The Company will maintain a copy of this information for each assignment until one year after the assignment ends.

Employee Drug Testing

Consistent with Rhode Island state law, employees may be asked to submit to a drug or alcohol test under the following circumstances:

  1. The Company has reasonable grounds to believe that the employee is under the influence of a controlled substance based on performance, actions, appearance, etc.;
  2. The test is done in a private location and positive tests are confirmed by a federally licensed facility;
  3. The employee who test positive the first time will not be terminated, but rather will be placed on unpaid suspension and referred to a substance abuse treatment facility (although subsequent tests that show continued drug use may be grounds for termination);
  4. The Company will provide the employee with an opportunity to have positive samples tested by an independent laboratory at the Company’s expense;
  5. The employee will be given a reasonable opportunity to explain or rebut a positive result before it is reported to the Company during an interview with an independent Medical Review Officer; and
  6. The Company has an established drug abuse prevention policy and the results of all tests will be kept confidential except where certain employees must be informed of positive tests for health, safety or scheduling reasons or where the Company must defend itself in a legal action brought by an employee.

Medical Marijuana Users

The Company does not discriminate against employees solely on the basis of their possessing permits to grow or consume medical marijuana.  The Company will not tolerate, however, the presence of marijuana on clients’ premises or employees being under the influence of marijuana while on duty. Employees testing positive for the presence of marijuana will have an opportunity to disclose their status as holders of a medical marijuana license during an interview with an independent Medical Review Officer who screens results prior to reporting positive or negative tests to the Company.

FACT SHEET #28 (U.S. Wage & Hour Division)

 

Fact Sheet #28: The Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. This fact sheet provides general information about which employers are covered by the FMLA, when employees are eligible and entitled to take FMLA leave, and what rules apply when employees take FMLA leave.

COVERED EMPLOYERS
The FMLA only applies to employers that meet certain criteria. A covered employer is a:
· Private-sector employer, with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer;
· Public agency, including a local, state, or Federal government agency, regardless of the number of employees it employs; or
· Public or private elementary or secondary school, regardless of the number of employees it employs.

ELIGIBLE EMPLOYEES
Only eligible employees are entitled to take FMLA leave. An eligible employee is one who:
· Works for a covered employer;
· Has worked for the employer for at least 12 months;
· Has at least 1,250 hours of service for the employer during the 12 month period immediately preceding the leave*; and
· Works at a location where the employer has at least 50 employees within 75 miles.
* Special hours of service eligibility requirements apply to airline flight crew employees. See Fact Sheet 28J: Special Rules for Airline Flight Crew Employees under the Family and Medical Leave Act.
The 12 months of employment do not have to be consecutive. That means any time previously worked for the same employer (including seasonal work) could, in most cases, be used to meet the 12-month requirement. If the employee has a break in service that lasted seven years or more, the time worked prior to the break will not count unless the break is due to service covered by the Uniformed Services Employment and Reemployment Rights Act (USERRA), or there is a written agreement, including a collective bargaining agreement, outlining the employer’s intention to rehire the employee after the break in service. See “FMLA Special Rules for Returning Reservists”.

LEAVE ENTITLEMENT

Eligible employees may take up to 12 workweeks of leave in a 12-month period for one or more of the following reasons:
· The birth of a son or daughter or placement of a son or daughter with the employee for adoption or foster care;
· To care for a spouse, son, daughter, or parent who has a serious health condition;
· For a serious health condition that makes the employee unable to perform the essential functions of his or her job; or
· For any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status.
An eligible employee may also take up to 26 workweeks of leave during a “single 12-month period” to care for a covered servicemember with a serious injury or illness, when the employee is the spouse, son, daughter, parent, or next of kin of the servicemember. The “single 12-month period” for military caregiver leave is different from the 12-month period used for other FMLA leave reasons. See Fact Sheets 28F: Qualifying Reasons under the FMLA and 28M: The Military Family Leave Provisions under the FMLA.
Under some circumstances, employees may take FMLA leave on an intermittent or reduced schedule basis. That means an employee may take leave in separate blocks of time or by reducing the time he or she works each day or week for a single qualifying reason. When leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt the employer’s operations. If FMLA leave is for the birth, adoption, or foster placement of a child, use of intermittent or reduced schedule leave requires the employer’s approval.
Under certain conditions, employees may choose, or employers may require employees, to “substitute” (run concurrently) accrued paid leave, such as sick or vacation leave, to cover some or all of the FMLA leave period. An employee’s ability to substitute accrued paid leave is determined by the terms and conditions of the employer’s normal leave policy.

NOTICE
Employees must comply with their employer’s usual and customary requirements for requesting leave and provide enough information for their employer to reasonably determine whether the FMLA may apply to the leave request. Employees generally must request leave 30 days in advance when the need for leave is foreseeable. When the need for leave is foreseeable less than 30 days in advance or is unforeseeable, employees must provide notice as soon as possible and practicable under the circumstances.
When an employee seeks leave for a FMLA-qualifying reason for the first time, the employee need not expressly assert FMLA rights or even mention the FMLA. If an employee later requests additional leave for the same qualifying condition, the employee must specifically reference either the qualifying reason for leave or the need for FMLA leave. See Fact Sheet 28E: Employee Notice Requirements under the FMLA .
Covered employers must:
(1) Post a notice explaining rights and responsibilities under the FMLA. Covered employers may be subject to a civil money penalty for willful failure to post. For current penalty amounts, see www.dol.gov/whd/fmla/applicable_laws.htm;
(2) Include information about the FMLA in their employee handbooks or provide information to new employees upon hire;
(3) When an employee requests FMLA leave or the employer acquires knowledge that leave may be for a FMLA-qualifying reason, provide the employee with notice concerning his or her eligibility for FMLA leave and his or her rights and responsibilities under the FMLA; and
(4) Notify employees whether leave is designated as FMLA leave and the amount of leave that will be deducted from the employee’s FMLA entitlement.
See Fact Sheet 28D: Employer Notice Requirements under the FMLA.

CERTIFICATION
When an employee requests FMLA leave due to his or her own serious health condition or a covered family member’s serious health condition, the employer may require certification in support of the leave from a health care provider. An employer may also require second or third medical opinions (at the employer’s expense) and periodic recertification of a serious health condition. See Fact Sheet 28G: Certification of a Serious Health Condition under the FMLA. For information on certification requirements for military family leave, See Fact Sheet 28M(c): Qualifying Exigency Leave under the FMLA; Fact Sheet 28M(a): Military Caregiver Leave for a Current Servicemember under the FMLA; and Fact Sheet 28M(b): Military Caregiver Leave for a Veteran under the FMLA.

JOB RESTORATION AND HEALTH BENEFITS
Upon return from FMLA leave, an employee must be restored to his or her original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. An employee’s use of FMLA leave cannot be counted against the employee under a “no-fault” attendance policy. Employers are also required to continue group health insurance coverage for an employee on FMLA leave under the same terms and conditions as if the employee had not taken leave. See Fact Sheet 28A: Employee Protections under the Family and Medical Leave Act.

OTHER PROVISIONS
Special rules apply to employees of local education agencies. Generally, these rules apply to intermittent or reduced schedule FMLA leave or the taking of FMLA leave near the end of a school term.
Salaried executive, administrative, and professional employees of covered employers who meet the Fair Labor Standards Act (FLSA) criteria for exemption from minimum wage and overtime under the FLSA regulations, 29 CFR Part 541, do not lose their FLSA-exempt status by using any unpaid FMLA leave. This special exception to the “salary basis” requirements for FLSA’s exemption extends only to an eligible employee’s use of FMLA leave.

ENFORCEMENT
It is unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided by the FMLA. It is also unlawful for an employer to discharge or discriminate against any individual for opposing any practice, or because of involvement in any

proceeding, related to the FMLA. See Fact Sheet 77B: Protections for Individuals under the FMLA. The Wage and Hour Division is responsible for administering and enforcing the FMLA for most employees. Most federal and certain congressional employees are also covered by the law but are subject to the jurisdiction of the U.S. Office of Personnel Management or Congress. If you believe that your rights under the FMLA have been violated, you may file a complaint with the Wage and Hour Division or file a private lawsuit against your employer in court.
For additional information, visit our Wage and Hour Division Website:
http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4-USWAGE (1-866-487-9243).
This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations.

 

U.S. Department of Labor                                                    1-866-4-USWAGE

Frances Perkins Building                                                    TTY: 1-866-487-9243

200 Constitution Avenue, NW                                                          Contact Us

Washington, DC 20210