Note: This policy is a draft. It is being published solely for information. Any DA employees who have concerns about harassment should report it to their supervisor or an HR representative immediately.

Disability Allies is committed to providing a work environment for all employees that is free from sexual harassment and other types of discriminatory harassment. Employees are expected to conduct themselves in a professional manner and to show respect for their co‐workers.

Disability Allies’s commitment begins with the recognition and acknowledgment that sexual harassment and other types of discriminatory harassment are, of course, unlawful. To reinforce this commitment, Disability Allies has developed a policy against harassment and a reporting procedure for employees who have been subjected to or witnessed harassment. This policy applies to all work‐related settings and activities, whether inside or outside the workplace, and includes business trips and business‐related social events.

Disability Allies’s property (e.g. telephones, copy machines, facsimile machines, computers, and computer applications such as e‐mail and Internet access) may not be used to engage in conduct that violates this policy. Disability Allies’s policy against harassment covers employees and other individuals who have a relationship with Disability Allies which enables Disability Allies to exercise some control over the individual’s conduct in places and activities that relate to Disability Allies’s work (e.g. directors, officers, contractors, vendors, volunteers, etc.).

Prohibition of Sexual Harassment: Disability Allies’s policy against sexual harassment prohibits sexual advances or requests for sexual favors or other physical or verbal conduct of a sexual nature, when: (1) submission to such conduct is made an express or implicit condition of employment; (2) submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual who submits to or rejects such conduct; or (3) such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile, humiliating, or offensive working environment.

While it is not possible to list all of the circumstances which would constitute sexual harassment, the following are some examples: (1) unwelcome sexual advances ‐‐ whether they involve physical touching or not; (2) requests for sexual favors in exchange for actual or promised job benefits such as favorable reviews, salary increases, promotions, increased benefits, or continued employment; or (3) coerced sexual acts.

Depending on the circumstances, the following conduct may also constitute sexual harassment: (1) use of sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one’s sex life; (2) sexually oriented comment on an individual’s body, comment about an individual’s sexual activity, deficiencies, or prowess; (3) displaying sexually suggestive objects, pictures, cartoons; (4) unwelcome leering, whistling, deliberate brushing against the body in a suggestive manner; (5) sexual gestures or sexually suggestive comments; (6) inquiries into one’s sexual experiences; or (7) discussion of one’s sexual activities.

While such behavior, depending on the circumstances, may not be severe or pervasive enough to create a sexually hostile work environment, it can nonetheless make co‐workers uncomfortable. Accordingly, such behavior is inappropriate and may result in disciplinary action regardless of whether it is unlawful.

It is also unlawful and expressly against Disability Allies policy to retaliate against an employee for filing a complaint of sexual harassment or for cooperating with an investigation of a complaint of sexual harassment.

Prohibition of Other Types of Discriminatory Harassment: It is also against Disability Allies’s policy to engage in verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his or her race, color, gender, religion, sexual orientation, age, national origin, disability, or other protected category (or that of the individual’s relatives, friends, or associates) that: (1) has the purpose or effect of creating an intimidating, hostile, humiliating, or offensive working environment; (2) has the purpose or effect of unreasonably interfering with an individual’s work performance; or (3) otherwise adversely affects an individual’s employment opportunities.

Depending on the circumstances, the following conduct may constitute discriminatory harassment: (1) epithets, slurs, negative stereotyping, jokes, or threatening, intimidating, or hostile acts that relate to race, color, gender, religion, sexual orientation, age, national origin, or disability; and (2) written or graphic material that denigrates or shows hostility toward an individual or group because of race, color, gender, religion, sexual orientation, age, national origin, or disability and that is circulated in the workplace, or placed anywhere in Disability Allies’s premises such as on an employee’s desk or workspace or on Disability Allies’s equipment or bulletin boards. Other conduct may also constitute discriminatory harassment if it falls within the definition of discriminatory harassment set forth above.

It is also against Disability Allies’s policy to retaliate against an employee for filing a complaint of discriminatory harassment or for cooperating in an investigation of a complaint of discriminatory harassment.

Reporting of Harassment: If you believe that you have experienced or witnessed sexual harassment or other discriminatory harassment by any employee of Disability Allies, you should report the incident immediately to your supervisor, the HR Manager, or to the Chief Executive Officer. Possible harassment by others with whom Disability Allies has a business relationship, including customers and vendors, should also be reported as soon as possible so that appropriate action can be taken.

Disability Allies will promptly and thoroughly investigate all reports of harassment as discreetly and confidentially as practicable. The investigation would generally include a private interview with the person making a report of harassment. It would also generally be necessary to discuss allegations of harassment with the accused individual and others who may have information relevant to the investigation. Disability Allies’s goal is to conduct a thorough investigation, to determine whether harassment occurred, and to determine what action to take if it is determined that improper behavior occurred.

If Disability Allies determines that a violation of this policy has occurred, it will take appropriate disciplinary action against the offending party, which can include counseling, warnings, suspensions, and termination. Employees who report violations of this policy and employees who cooperate with investigations into alleged violations of this policy will not be subject to retaliation. Upon completion of the investigation, Disability Allies will inform the employee who made the complaint of the results of the investigation.

Compliance with this policy is a condition of each employee’s employment. Employees are encouraged to raise any questions or concerns about this policy or about possible discriminatory harassment with the Chief Executive Officer. In the case where the allegation of harassment is against the Chief Executive Officer, please notify the staff member designated as grievance officer.

Leave Policy

1. Benefit Year

The benefit year for DAI begins on January 1 of each year. All leave for all employees is calculated on an annual basis.

• Exempt and Non-Exempt Employees

The federal Fair Labor Standards Act covers all employees in the United States, and sets standards with regard to wages and overtime pay. However, certain employees are exempt from its provisions. Exempt employees are bona fide executive, administrative, professional and outside sales employees.  Under our current structure, our full-time employees in our East Brunswick office are considered exempt, and our Direct Support Professionals and part-time Saturday employees are considered non-exempt. DAI provides different leave packages for exempt and non-exempt employees.

• Vacation Policy for Exempt Employees

All full-time salaried exempt employees accrue up to ten vacation days per calendar year on a pro-rata basis, at the rate of one vacation day per month worked. Employees do not accrue vacation days while on unpaid leaves of absence. Employees may not carry unused vacation days forward to the next calendar year. Vacation requests must be filed with your supervisor at least two weeks in advance. To ensure that DAI’s staffing and operational needs are met at all times, DAI reserves the right to grant vacation requests at its discretion.  DAI will not pay for any unused, accrued vacation upon termination of employment. 

• Personal and Sick Leave for Exempt Employees

All full-time salaried exempt employees accrue up to ten days per year that can be used for personal leave, sick leave, or for any of the following activities:

(1) time needed for diagnosis, care, or treatment of, or recovery from, an employee’s mental or physical illness, injury or other adverse health condition, or for preventive medical care for the employee;

(2) time needed for the employee to aid or care for a family member of the employee during diagnosis, care, or treatment of, or recovery from, the family member’s mental or physical illness, injury or other adverse health condition, or during preventive medical care for the family member;

(3) absence necessary due to circumstances resulting from the employee, or a family member of the employee, being a victim of domestic or sexual violence, if the leave is to allow the employee to obtain for the employee or the family member: medical attention needed to recover from physical or psychological injury or disability caused by domestic or sexual violence; services from a designated domestic violence agency or other victim services organization; psychological or other counseling; relocation; or legal services, including obtaining a restraining order or preparing for, or participating in, any civil or criminal legal proceeding related to the domestic or sexual violence;

(4) time during which the employee is not able to work because of a closure of the employee’s workplace, or the school or place of care of a child of the employee, by order of a public official due to an epidemic or other public health emergency, or because of the issuance by a public health authority of a determination that the presence in the community of the employee, or a member of the employee’s family in need of care by the employee, would jeopardize the health of others; or

(5) time needed by the employee in connection with a child of the employee to attend a school-related conference, meeting, function or other event requested or required by a school administrator, teacher, or other professional staff member responsible for the child’s education, or to attend a meeting regarding care provided to the child in connection with the child’s health conditions or disability.

Five of these days, pursuant to the New Jersey Paid Sick Leave Act, accrue to exempt salaried full-time employees at the rate of one hour per thirty hours worked. Employees can carry up to five unused days forward to the next calendar year, consistent with state law and regulations. DAI will not offer or pay employees reimbursement for any unused days under the New Jersey Paid Sick Leave Act at the end of the year. The other five days accrue at the rate of one day per month workedDAI will not pay for any unused, accrued sick or personal leave upon termination of employment.

At the end of the calendar year, all exempt salaried full-time employees may carry up to four vacation and/or personal days forward to the next calendar year. All days carried over must be used by March 31 of the next calendar year, or they will expire.

• Vacation Policy for Non-Exempt Employees

DAI does not provide vacation benefits for any part-time or non-exempt employees.

• Personal and Sick Leave for Non-Exempt Employees

All part-time non-exempt employees accrue up to five days per year that can be used for personal leave, sick leave, or for any of the following activities:

(1) time needed for diagnosis, care, or treatment of, or recovery from, an employee’s mental or physical illness, injury or other adverse health condition, or for preventive medical care for the employee;

(2) time needed for the employee to aid or care for a family member of the employee during diagnosis, care, or treatment of, or recovery from, the family member’s mental or physical illness, injury or other adverse health condition, or during preventive medical care for the family member;

(3) absence necessary due to circumstances resulting from the employee, or a family member of the employee, being a victim of domestic or sexual violence, if the leave is to allow the employee to obtain for the employee or the family member: medical attention needed to recover from physical or psychological injury or disability caused by domestic or sexual violence; services from a designated domestic violence agency or other victim services organization; psychological or other counseling; relocation; or legal services, including obtaining a restraining order or preparing for, or participating in, any civil or criminal legal proceeding related to the domestic or sexual violence;

(4) time during which the employee is not able to work because of a closure of the employee’s workplace, or the school or place of care of a child of the employee, by order of a public official due to an epidemic or other public health emergency, or because of the issuance by a public health authority of a determination that the presence in the community of the employee, or a member of the employee’s family in need of care by the employee, would jeopardize the health of others; or

(5) time needed by the employee in connection with a child of the employee to attend a school-related conference, meeting, function or other event requested or required by a school administrator, teacher, or other professional staff member responsible for the child’s education, or to attend a meeting regarding care provided to the child in connection with the child’s health conditions or disability.

These five days, pursuant to the New Jersey Paid Sick Leave Act, accrue to non-exempt part-time employees at the rate of one hour per thirty hours worked, to a maximum of forty hours per year. Employees can carry any unused days forward to the next calendar year, consistent with state law and regulations. DAI will not offer or pay employees reimbursement for any unused days under the New Jersey Paid Sick Leave Act at the end of the year.

Part-time non-exempt employees may only use paid personal and sick leave days to replace hours that they were scheduled to work, and did not work due to illness or other activities as described above. For example, if an employee is scheduled to work 20 hours in a given week, and works for only 15 hours that week due to illness, the employee is only allowed to take 5 hours or sick or personal leave, regardless of how long the employee was unable to work because of illness or other activity. If the employee worked the full 20 hours, they would not be able to utilize any personal or sick leave for that week. Employees that are not currently working with a customer, or who are on unpaid leave, can neither accrue nor use personal and sick leave hours. All personal and sick leave must be properly recorded on the employee’s timesheet.

• Paid Leave for Federal Holidays

Full‐time exempt employees are eligible for paid leave for each of the following federal holidays per year as follows:

New Yearʹs Day

Martin Luther King, Jr.ʹs Birthday

Presidentʹs Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veteranʹs Day

Thanksgiving Day

Christmas Day

Additionally, full-time employees are eligible for a holiday the Friday after Thanksgiving. Employees wishing to take religious holidays may substitute a religious holiday for one or more of those listed above, with advance approval from their supervisor and the Chief Executive Officer.

Part-time non-exempt employees and temporary employees are not required to work on holidays, consistent with customer need and schedules, but are ineligible for paid leave for holidays and may not claim paid time off for those dates. In those years when Independence Day, Christmas Eve and Christmas Day, and New Yearʹs Day fall on Saturday or Sunday, Disability Allies will designate the work day that will replace the weekend holiday, consistent with the federal holiday calendar. Additionally, the Chief Executive Officer, at his discretion, may designate additional days as holidays.

• Inclement Weather

1. Day Program and Corporate Office. In the event of inclement weather, the COO, at his sole discretion, will make the decision on opening or closing for both the Community Inclusion Center and Disability Allies corporate office. The COO may decide to close both offices, keep both offices open, or announce a delayed opening. This decision will be announced no later than 7:30 AM. If the COO is not available, the COE will make the decision. This decision will be based on factors such as whether local government offices are open, whether local schools are open, whether Access Link is running, and whether our contracted transportation providers are open. We will not require day program staff to come in and allow corporate staff stay home, or vice versa.
2. Working from Home. In the event of a closure or a delayed opening, all employees are encouraged to work at home to the extent practical.
3. Leave. In cases where the COO determines that the office will be open despite inclement weather, and where staff determine that it would be unsafe to go to work, staff may request vacation or personal leave on an immediate basis. Staff may also request to work from home. Such requests will be granted on a case-by-case basis by supervisors, consistent with work-from-home policy.
4. Direct Support Professionals. Direct support professionals working with customers outside the East Brunswick office should use their discretion in traveling to the residence of those customers, and in traveling with those customers, in potentially hazardous conditions, and should work with the consumers to reschedule such hours. Paid leave for inclement weather will not be provided to part-time non-exempt employees, except where required by state law.

1. Meetings and Conferences

Full-time employees may be given permission by the Chief Executive Officer to participate in educational opportunities related to the employeeʹs current or anticipated work with Disability Allies. An employee serving as an official representative of Disability Allies at a conference or meeting is considered on official business and not on leave, and will be paid for any work days spent at the conference or meeting. The Chief Executive Officer will have discretion to provide reimbursement or sponsorship of educational expenses, tuition, travel costs, or meals. Part-time employees will not be provided with any assistance for educational opportunities.

• Attendance Policy

DAI employees are expected to be present for work, on time, every day. Regular attendance and punctuality are important to operate our programs and services. Arriving late, being tardy, or absence causes disruptions to the provision of services. Excessive absenteeism and/or tardiness will not be tolerated.

Day Program: Due to the nature of the day program and the necessity of providing adequate coverage to comply with Division of Developmental Disabilities (DDD) mandates, absenteeism poses a specific threat to DAI’s ability to provide services. Day program employees must provide notice of absence, whether paid or unpaid, at a minimum of one hour before the day program opens. If an emergency situation makes it impossible to provide adequate notice, employees must provide notice as soon as practical, consistent with employee safety.

• Unpaid Leave

DAI provides unpaid leave to full-time exempt and part-time non-exempt employees under the following circumstances:

Military Leave: Employees who are inducted into or enlist in the Armed Forces of the United States or are called to duty as a member of a reserve unit may take an unpaid leave in accordance with applicable law. The employee must provide advance notice of his or her need for a military leave and Disability Allies will request a copy of the employee’s orders, which will be kept on record by Disability Allies. The time an employee spends on military leave will be counted as continuous service for the purpose of determining eligibility and accrual for various benefit plans and policies. For military leaves extending 30 days or less, Disability Allies will continue to provide the same level of benefits as it was paying before military leave began, consistent with the employee paying his or her portion of any applicable premiums during this period. For military leaves extending beyond 30 days, the employee will have the option to continue his or her insurance coverage, if any, at the employee’s cost. Upon return from military leave, employees will be reinstated as required by law and benefits will be reinstated with no waiting periods.

Jury Duty: Disability Allies believes in the civic responsibility of its employees and encourages this by allowing employees time off to serve jury duty when required. For time served on jury duty, Disability Allies will pay employees the difference between his or her salary and any amount paid by the government, unless prohibited by law, up to a maximum of ten days. If an employee is required to serve more than ten days of jury duty, Disability Allies will provide the employee with unpaid leave. Employees must provide Disability Allies a copy of proof of service received by the court in which they serve.

Bereavement Leave: Full-time exempt employees shall be entitled to bereavement leave with pay of five (5) days in the event of a death in the employee’s immediate family (spouse/life partner, child or parent) and three (3) days for grandparent, sister or brother, father‐in‐law, mother‐in‐law, or grandchildren. If an employee wishes to take time off due to the death of an immediate family member, the employee should notify his or her supervisor, the HR Manager, or the Chief Executive Officer immediately. Approval of bereavement leave will occur in the absence of unusual operating requirements. A full-time exempt employee may use, with the Chief Executive Officer’s approval, available paid leave for additional time off as necessary and in accordance with operating needs.

Other Unpaid Leave: Full-time exempt employees who have been employed by Disability Allies for at least 90 days may apply for additional unpaid leave if they have exhausted vacation and personal leave. Any such leave time is unpaid and is discretionary with the management of Disability Allies, subject to compliance with state and federal law. When considering a request for a personal leave, Disability Allies will consider factors such as the employee’s position, the employee’s length of service, the employee’s performance record including attendance, the purpose of the leave, the needs of the department in which the employee works, the effect of the leave on other employees, and Disability Allies’s general business needs. Such leave can include any unpaid leave required by federal or state law, including, but not limited to, the Americans with Disabilities Act, the New Jersey Law Against Discrimination, the NJ SAFE Act, or the New Jersey or federal family leave acts.

Unexcused Absences: Full-time exempt employees, consistent with the attendance policy, are expected to request paid or unpaid leave in a reasonable time frame. Instances where an employee does not attend work and does not provide a leave request consistent with the leave policy, may be considered by DAI, at its sole discretion, to be unexcused absences.

Employees that accrue two unexcused absences in any three-month period will receive counseling regarding the importance of attendance and may, at DAI’s sole discretion, be reprimanded. Additionally, DAI may, at its sole discretion, counsel and/or reprimand any employee for excessive and recurrent tardiness, or any other abuse of the leave system. Any unexcused absences that take place within six months after a reprimand will result in immediate termination.

• Work From Home Policy

Non-exempt Disability Allies staff who are working with consumers in the field are not allowed to work from home. Exempt Disability Allies staff may be allowed to work from home in conditions of inclement weather. Otherwise, exempt Disability Allies staff members are not allowed to work from home unless they have prior approval from a supervisor. Day program staff are not allowed to work from home except for limited instances where they are working on specific projects that do not involve direct care services. All employees who are working from home must document the activities that the employee has completed while working from home on their timesheet, and must be able to communicate with employees working in the office by phone and e-mail. The supervisor will use the following factors to determine if a request to work from home is reasonable or not:

1. The employee’s reasons for working from home (for example: home repair issues, emergency childcare issues, excessive workplace noise due to construction, etc.);
2. Whether the employee has work to do that can be done at home in an effective and reasonable way;
3. The employee’s diligence and reliability as a worker;
4. The number of requests for working from home in the last month, and
5. Whether the employee has been effective in working from home previously.

Disability Allies, Inc. (DAI) employees may not use, possess, sell, distribute, or manufacture alcohol, drugs or drug paraphernalia during the performance of work or while working with a consumer.

DAI employees may not report to work or work with a consumer while under the influence of drugs or alcohol.

DAI reserves the right to conduct searches of workspaces upon reasonable suspicion of alcohol and drug use.

Employees who use alcohol or drugs on DAI property, outside of an event on DAI property where alcohol is served, or violate this policy in other ways, may be terminated from employment at our discretion. Employees who are convicted of driving while intoxicated, driving under the influence of intoxicants, failing to consent to chemical breath testing, or other similar offenses, may be terminated from employment at our discretion. Employees who drive consumers in their own cars during the performance of work while they are using drugs or alcohol may be terminated from employment at our discretion.

DRUG TESTING POLICY

Effective May 1, 2018, every program serving adults with developmental disabilities which is funded, licensed or regulated through the New Jersey Department of Human Services (DHS) is subject to requirements of Stephen Komninos’s Law. Among other things, the Stephen Komninos’s Law requires that providers drug test persons applying to work or already working as a direct care staff for individuals with developmental disabilities.  Stephen Komninos’s Law also requires testing for cause, as well as random testing. Drug testing will consist of urine screening for the following controlled, dangerous substances: Marijuana, Cocaine, Opiates (including Heroine, Codeine/Morphine and prescribed semi-synthetic Opioids), Amphetamines/ Methamphetamines, and Phencyclidine (PCP). The cost of the drug test will be covered by the Department of Human Services.

Pre-employment Testing

All applicants receiving an offer of employment for a direct care position will be required to undergo testing for controlled, dangerous substances before beginning employment. Any applicant who fails pre-employment screening cannot be hired by DAI as a Direct Support Professional, or in any other role providing direct care to people with developmental disabilities, subject to the appeals process below. Any applicant who refuses to undergo pre-employment drug screening cannot be hired by DAI in any role providing direct care to people with developmental disabilities.

Random Testing and Testing for Cause

All current Direct Support Professionals and other direct care staff at DAI are subject to random drug testing, pursuant to the rules and regulations adopted by DHS. Currently, DHS rules state that approximately 10% of all employees will be tested each year, with 2.5% selected each quarter. All current Direct Support Professionals and other direct care staff at DAI are subject to drug testing if the staff member’s supervisor has reasonable suspicion to believe that the staff member is illegally using a controlled dangerous substance, based on the staff member’s visible impairment or professional misconduct which relates adversely to patient care or safety. Any DAI staff member who provides direct care to persons with special needs and who refuses drug testing will not be permitted to work with DAI consumers and may be terminated from employment at discretion. Any DAI staff member who tests positive on a drug test, subject to the appeals process set forth below, will, at DAI’s discretion, be referred for treatment or terminated from employment.

Appeals Process

Any DAI applicant or staff member who tests positive on a state-mandated drug test will have 24 hours in which to speak with the vendor’s medical review officer to discuss any relevant, legitimate medical explanations, such as a current prescription. If the medical review officer accepts the explanation, the staff member will not be automatically terminated from employment, although their conduct may be reviewed. If the staff member does not respond within 24 hours, or the medical officer does not accept the explanation, the staff member will, at DAI’s discretion, be referred for treatment or terminated from employment. Applicants who successfully appeal a positive drug test will be considered for continued employment at the discretion of DAI.