State Addendums

Employees who spend 51% or more of their working time in one of the below locations should review the applicable state Addendum for employment policies in addition to those listed in the standard employee policies.

Exempt employees may be provided time off with pay for any of the below-described leaves when necessary to comply with state and federal wage and hour laws.

Appendix A – California State Addendum

This addendum is applicable only to employees working in California and only amends those provisions that are specifically address below. Regarding the amended provisions, in the event of any conflict between the Employee Handbook and this Addendum, this Addendum shall control. Except as set forth herein, the Employee Handbook is not modified by this Addendum.

This addendum is to be read in connection with the EDENS (“Company”) Integrity Pledge. Together, the Integrity Pledge and the California Addendum will provide you with important information about your employment with the Company and serve as a guide to the Company’s current policies, practices, and procedures. If you have questions as you review the Integrity Pledge or the California Addendum, please do not hesitate to discuss your questions with Human Resources.

CALIFORNIA EMPLOYEES

Equal Employment Opportunity Policy and Position Regarding Harassment-Free Workplace Supplement

In addition to the protected classes set forth in Company’s Equal Opportunity Policy, and in accordance with the California Fair Employment and Housing Act, the Company is committed to providing equal employment opportunities to all employees and applicants without regard to an individual’s actual or perceived protected characteristic or characteristics, or any combination of protected characteristics including race (including traits associated with race, such as hair texture and protective hairstyles, including braids, locks, and twists), ethnicity, religious creed (including religious dress and grooming practices), sex (including childbirth, breast feeding and related medical conditions), gender, gender identity and expression, sexual orientation, ancestry, veteran status, citizenship status, uniform service member and veteran status, marital status, pregnancy, age (40 and over), protected medical condition (including cancer and genetic conditions), genetic information, disability (mental and physical), reproductive health decision-making, medical leave or other types of protected leave (requesting or approved for leave under the Family and Medical Leave Act or the California Family Rights Act), the employee owner or their family member’s status as a victim of a qualifying act of violence, political affiliation, use of cannabis off the job and away from the workplace, association with an individual who has, or is perceived to have, a protected characteristic or characteristics, or any combination of protected characteristics; or any other characteristic protected by applicable federal, state or local laws and ordinances. EDENS’ management team is dedicated to this policy with respect to recruitment, hiring, placement, promotion, transfer, training, compensation, benefits, employee activities, access to facilities and programs and general treatment during employment. Please see our legal postings for additional information.

Reasonable Accommodations

CALIFORNIA EMPLOYEES

Equal Employment Opportunity Policy and Position Regarding Harassment-Free Workplace Supplement

Reasonable Accommodations

In addition to the Reasonable Accommodations Policy in the Company Employee Handbook, and in accordance with California law, the Company will also assist employees who have known limitations due to pregnancy, childbirth, or a related medical condition which includes, but is not necessarily limited to, known limitations related to breastfeeding, fertility and infertility treatments, and the termination of a pregnancy. We will make reasonable accommodations to enable such employees to continue performing the essential functions of their jobs. Under this policy, we may modify job duties to comply with medical requirements or restrictions.

Lactation Accommodations

You have the right to request, and the Company will provide, accommodations required for employees to express breast milk, as necessary. Employees should notify their immediate supervisor or the Human Resources Manager to request accommodations to express breast milk under this policy. The Company will provide a reasonable amount of duty-free break time to accommodate an employee’s need to express breast milk for their infant child. The break time should, if possible, be taken concurrently with meal and rest periods already provided. Non-exempt employees should clock out for additional lactation breaks that do not run concurrently with normally scheduled meal and rest periods. Such additional breaks will be unpaid.

The Company additionally will provide employees needing to express breast milk with a clean room or place (other than a restroom) to express breast milk in private. The room or location will be near the employee’s work area, shielded from view, and free from intrusion while the employee is expressing milk. In addition, the room or location will be safe, clean, and free of hazardous materials. It will contain a surface on which to place a breast pump and personal items, as well as a place to sit. It will provide access to electricity needed to operate an electric or battery-powered breast pump. A sink with running water and a refrigerator or cooler suitable for storing milk will also be made available as close as possible to the employee’s workspace. If a multipurpose room is used for lactation, among other uses, the use of the room for lactation will take precedence over the other uses, but only for the time it is in use for lactation purposes.

If we are unable to provide a permanent space for lactation due to operational, financial, or space limitations, we will provide a temporary space other than a restroom that is near the employee’s work area, shielded from view, free from intrusion while the employee is expressing milk, and has the other elements described above.

Employees have the right to file a complaint with the California Labor Commissioner for any failure by the Company to provide appropriate lactation accommodations.

Literacy Assistance

The Company will reasonably accommodate and assist employees with their literacy needs, provided the requested accommodation does not create an undue hardship for the Company. Employees who need time off to participate in an adult education program for literacy assistance should inform the Human Resources Manager, so arrangements can be made to provide unpaid time off or an adjusted work schedule. The Company will make reasonable efforts to safeguard the employee’s privacy with respect to such a request. Employees may choose to use any available accrued vacation/PTO benefit, if available, in lieu of unpaid leave.

Policy Against Unlawful Harassment, Discrimination, and Retaliation

In addition to the protected statuses listed in the Company Employee Handbook, and in accordance with California law, the Company strictly prohibits all forms of unlawful harassment, which includes harassment on the basis of an individual’s actual or perceived protected characteristic or characteristics, or any combination of protected characteristics, including race (including traits associated with race, such as hair texture and protective hairstyles, including braids, locks, and twists); ethnicity; religion; religious creed (including religious dress and grooming practices); color; sex (including childbirth, breast feeding, and related medical conditions); gender; gender identity or expression; sexual orientation; national origin; ancestry; citizenship status uniform service member and veteran status; marital status; pregnancy; age (40 and over); protected medical condition (including cancer and genetic conditions); genetic information; disability (mental and physical); reproductive health decision-making; medical leave or other types of protected leave (requesting or approved for leave under the Family and Medical Leave Act or the California Family Rights Act); the employee or their family member’s status as a victim of a qualifying act of violence; political affiliation; use of cannabis off the job and away from the workplace; association with an individual who has, or is perceived to have, a protected characteristic or characteristics, or any combination of protected characteristics; or any other protected status in accordance with all applicable federal, state, and local laws.

Examples of Prohibited Sexual Harassment: Sexual harassment includes a broad spectrum of conduct including harassment based on sex, gender, gender transition, gender identity or expression, or sexual orientation. Sexual harassment can occur regardless of the gender of the individuals involved. By way of illustration only, and not limitation, some examples of unlawful and unacceptable behavior include physical or verbal abuse concerning an individual’s gender, gender transition, or gender identity or expression.

Prohibition Against Retaliation: The Company is committed to prohibiting retaliation against those who themselves or whose family members report, oppose, or participate in an investigation of alleged unlawful harassment, discrimination, or other wrongdoing in the workplace. By way of example only, participating in such an investigation includes, but is not limited to:

Filing a complaint with a federal or state enforcement or administrative agency;
Participating in or cooperating with a federal or state enforcement agency conducting an investigation of the Company regarding alleged unlawful activity;
Testifying as a party, witness, or accused regarding alleged unlawful activity;
Making or filing an internal complaint with the Company regarding alleged unlawful activity;
Providing notice to the Company regarding alleged unlawful activity;
Assisting another employee who is engaged in any of these activities; or
Exercising any other lawful right.

The Company is further committed to prohibiting retaliation against qualified employees who request a reasonable accommodation for any known physical or mental disability and employees who request a reasonable accommodation of their religious beliefs and practices. In addition, the Company will not penalize or retaliate against an employee who or whose family member is a victim of a qualifying act of violence for requesting leave time or accommodations in the workplace to ensure the employee’s safety and well-being.

Supervisors who receive any complaint of harassment, discrimination, or retaliation must promptly report such complaint to Human Resources.

All complaints of unlawful harassment which are reported to management will be investigated as promptly as possible by an impartial and qualified person and, upon conclusion of such investigation, appropriate corrective action will be taken where warranted.

Violation of this policy will subject an employee to disciplinary action, up to and including immediate termination. Additionally, under California law, employees may be held personally liable for harassing conduct that violates the California Fair Employment and Housing Act.

Overtime

Exempt employees work the number of hours required to accomplish their responsibilities and are not eligible for overtime pay.

Non-exempt employees will be paid one and one-half times their regular straight time rate for all hours worked over 40 hours in a work week, over eight hours in a workday, or for the first eight hours on the seventh consecutive day of work in a work week. Non-exempt employees will be paid two times their regular rate for all hours worked in excess of 12 hours in a workday or in excess of eight hours on the seventh consecutive day of work in a workweek. For purposes of determining which hours constitute overtime, only actual hours worked in a given workday or workweek will be counted.

You may not work overtime unless it has been authorized in advance by your supervisor. Employees working unauthorized overtime will be subject to disciplinary action.

Meal Periods

Except for certain salaried exempt employees, it is our policy to provide and afford all employees who work more than five (5) hours in a work day with an uninterrupted thirty (30) minute meal period free from all duty to begin no later than the end of the 5th hour of work and a second uninterrupted thirty (30) minute meal period free from all duty to commence no later than the end of the 10th hour of work, should an employee work that many hours in any given day. Only in limited circumstances, discussed below, can meal periods be waived. For this reason, unless there is a written agreement for an on-duty meal period approved by Human Resources, employees must record the beginning and ending time of their meal period(s) every day.

It is our policy to relieve you of all duty during your meal periods, so that you are at liberty to use the meal period time as you wish. You may leave the premises for your meal period if you so desire. The Company schedules all work assignments with the expectation that all employees will take their duty-free meal periods and we encourage you to do so. You may be asked to confirm in writing that you have been relieved of all duty and otherwise provided all of your meal periods during a particular pay period, or in the alternative, identify any meal periods during which you were required to work. At no time may any employee perform off-the-clock work or otherwise alter, falsify, or manipulate any aspect of their timekeeping records to inaccurately reflect or hide meal periods or time spent working during meal periods.

Please note that no Company manager or supervisor is authorized to instruct you how to spend your personal time during a meal or rest period. You should immediately report a manager’s or supervisor’s instruction to skip or work during a meal or rest period to Human Resources. The Company strictly prohibits retaliation against any employee who reports violations of the Company’s meal and rest period policies.

Waiver of Meal Period: You may waive your meal period only under the following circumstances:

If you will complete your workday in six (6) hours or less, you may waive your meal period as approved by your supervisor.
If you work over ten (10) hours in a day, you may waive your second meal period only if you have taken your first meal period that day and you do not work more than twelve (12) hours on that day.

You may not waive your meal periods to shorten your workday.

On-Duty Meal Period: In limited situations, certain designated employees may be authorized to work an “on-duty meal period” when the nature of the employee’s duties prevent the employee from being relieved of all duty. You will be permitted to take an on-duty meal period only if the nature of your job duties requires it and you and the Company have agreed to an on-duty meal period in writing. In this situation, your on-duty meal period will be paid and treated as hours worked. The on-duty meal period agreement is revocable by you or the Company at any time.

The Company pays one-hour of premium pay to non-exempt employees at their regular rate of compensation for each day during which they are required by the Company to work during one or more meal periods or if the Company has not otherwise provided them with an opportunity to take one or more meal periods on any day in accordance with this policy. Because this should be an exceptional occurrence, if you are aware of such a situation, please be sure to bring it to our attention without delay. The one-hour premium will not apply in situations where the meal period is waived as permitted by law, where an employee has a lawful on-duty meal period, or if an employee personally chooses to disregard the Company’s schedules or policies providing meal periods as required by law.

Rest Periods

The Company provides non-exempt employees with the opportunity to take a net ten (10) minute paid rest period for every four (4) hours worked (or major fraction thereof), which should be taken so far as practicable in the middle of each four-hour work period. During your rest periods, you will be relieved of all duty so that you can enjoy this personal time. You may leave the premises for your rest period if you so desire. Rest breaks will be provided as follows:

Shift (Hours Worked in Day)	Number of Paid Rest Breaks
At least 3.5 and up to 6 hours	1
More than 6 and up to 10 hours	2
More than 10 and up to 14 hours	3
More than 14 hours	Continue under the above schedule

The Company generally will not authorize a rest period for employees whose total daily work time is less than three and one-half (3 ½) hours. Employees are generally authorized and permitted to schedule their rest periods at their own discretion under these guidelines; however, a supervisor may ask that rest periods be scheduled to best ensure the smooth operation of their Department. Rest periods may not be combined with other rest or meal periods.

Rest periods are “on the clock” and counted as hours worked, and thus, you are not required to separately record your rest periods on your timecards or the Company’s timekeeping system. If your rest period is interrupted, you must notify your supervisor immediately so that arrangements can be made for you to take a further, uninterrupted, rest period required by Company policy. No supervisor is authorized to instruct you to waive a rest period, and rest periods cannot be used to shorten the workday or be accumulated for any other purpose. Rest periods can be waived provided they are waived by an employee without any coercion from a supervisor and the waiver is purely voluntary. You may be required to confirm that you have been provided an opportunity to take all of your duty-free rest periods during a particular pay period (including pay periods when one or more rest periods have been voluntarily waived by you).

Please note that no Company manager or supervisor is authorized to instruct you how to spend your personal time during a rest period. You should immediately report a manager’s or supervisor’s instruction to skip or work during a rest period to Human Resources. The Company strictly prohibits retaliation against any employee who reports violations of the Company’s rest period policy.

The Company pays one-hour of premium pay to non-exempt employees at their regular rate of compensation for each day during which they are required by the Company to work during one or more rest periods or when they are not otherwise provided an opportunity by the Company to take one or more rest periods on any day in accordance with this policy. Because this should be an exceptional occurrence, if you are aware of such a situation, please be sure to bring it to our attention without delay. The Company strictly prohibits retaliation against any employee who reports violations of the Company’s rest period policy. The one-hour premium will not apply in situations where an employee personally chooses not to take a rest period or to disregard the Company’s schedules or policies providing rest breaks as required by law.

Recovery Periods

The Company provides employees working outdoors in conditions exceeding 80 degrees Fahrenheit or indoors in conditions equaling or exceeding 82 degrees Fahrenheit with the opportunity to take an uninterrupted cool-down period of at least five (5) minutes as needed to avoid overheating.

Employees working outdoors are permitted to access the provided shaded area and drinking water at any time to avoid heat illness. Employees working indoors are permitted access to cool-down areas that are maintained below 82 degrees, blocked from direct sunlight, and shielded from other high radiant heat sources to the extent feasible and is either open to the air or provided with ventilation or cooling as well as drinking water at any time to avoid heat illness. Cool-down periods are counted as hours worked. You are not required to record your cool-down periods.

It is our policy to relieve employees of all duty during cool-down periods. As such, no supervisor is authorized to instruct you to waive or skip a cool-down period. You should immediately report a manager’s or supervisor’s instruction to skip, shorten, or work during a cool-down period to Human Resources.

The Company pays one-hour of premium pay to non-exempt employees at their regular rate of compensation for each day during which they are required by the Company to work during one or more recovery periods or if the Company has not otherwise provided them with an opportunity to take one or more recovery periods on any day in accordance with this policy. Because this should be an exceptional occurrence, if you are aware of such a situation, please be sure to bring it to our attention without delay. The one-hour premium will not apply in situations where an employee personally chooses not to take a discretionary recovery period or to disregard the Company’s schedules or policies providing discretionary recovery periods as required by law.

Vacation

Please refer to EDENS’ core vacation policy located in the Employee Handbook for paid vacation information.

Any accrued but unused paid vacation time will roll over from year to year, though a reasonable cap of 1.75 times the applicable annual accrual amount may be established. Vacation may not be accrued in excess of the applicable maximum accrual cap above. Once your unused and accrued vacation reaches the maximum cap, you will not accrue any additional vacation time until prior vacation time has been used and your accrued balance falls below the maximum accrual cap.

Consult Human Resources for detailed information on how the dollar amount of your vacation pay is calculated and the amount you are entitled to receive. The actual dollar amount that you receive while on vacation may vary according to your compensation or pay plan.

Vacations must be scheduled and approved by your supervisor in advance. Length of service prevails in scheduling vacation dates when two employees submit for vacation during the same time period. Also, the Company, at its sole discretion, may require you to take your vacation at a particular time, and may also refuse your application for vacation where business needs dictate. Employees who are out on a leave of absence do not accrue vacation time while they are on leave unless applicable law requires us to do so. The Company pays accrued but unused vacation pay when an employee leaves the Company.

California Paid Sick Leave

Please refer to the core policy located in the Employee Handbook for sick leave information.

Leave under this policy may be used in connection with the diagnosis, care, or treatment of an existing health condition of, or preventive care for, the employee or the employee’s family member. “Family member” for purposes of this policy includes a spouse, registered domestic partner, child (regardless of the child’s age), parent (including a step-parent or parent-in-law), grandparent, grandchild, sibling, or a designated person. “Designated person” for the purposes of this policy is a person identified by the employee at the time the employee requests paid sick days. Employees will be limited to identifying one (1) designated person per twelve (12)-month period. Leave under this policy may also be used by an employee who is a victim or whose family member is a victim of a qualifying act of violence to seek aid or medical attention, obtain services or counseling, or participate in safety planning. Sick leave may also be used for bereavement leave within three (3) months of the death of an employee’s family member.

Consult Human Resources for detailed information on how the dollar amount of your sick pay is calculated and the amount you are entitled to receive. The actual dollar amount that an employee receives may vary according to the compensation plan of the employee.

Employees must make an oral or written request for paid sick leave. Employees requesting time off under this policy must provide as much advance notice as possible. Where your need for paid sick leave is unforeseeable, you must provide notice as soon as practicable.

The Company will not take any adverse action against employees who utilize paid sick leave. However, employees who misuse or abuse this policy, e.g., misrepresent the reason for use of paid sick leave or use paid sick leave for vacation, may be subject to disciplinary action.

Unused time under this policy will not be paid out at the time of separation from employment. However, employees who are re-employed with the Company within a year of separation will have any unused paid sick leave accrued under this policy reinstated.

Leave under this policy may run concurrently with leave taken under local, state, or federal law, including leave taken pursuant to the California Family Rights Act or the Family and Medical Leave Act. For more information regarding this policy, contact Human Resources.

Accrued but unused sick time will roll over from year-to-year as permitted by applicable state and local laws.

Sick leave can be taken in accordance with EDENS’ standard sick leave policy located in the Integrity Pledge.

The amount of available sick leave will be recorded on each employee’s pay stub.

State Mandated Insurance Benefit Programs

State Disability Insurance

The Company is required by law to deduct a certain amount from your pay to provide State Disability Insurance (“SDI”). SDI benefits are payable when you cannot work because of illness or injury unrelated to your employment. For information concerning these benefits, contact the California Employment Development Department (“EDD”), which administers the SDI program.

Paid Family Leave

The Company is also required by law to deduct a certain amount from your pay to fund the Paid Family Leave (“PFL”) program. PFL benefits are payable, for up to eight (8) weeks in a twelve (12) month period, when you take time off work to provide care for a seriously ill child, spouse, parent, domestic partner, grandparent, grandchild, sibling, parent-in-law, to bond with a new child, or to participate in a qualifying exigency related to the covered active duty or call to covered active duty of certain family members.

Despite its name, PFL does not provide you with any leave entitlement or time off. Rather, it is a benefit that you apply for when on an otherwise approved leave of absence pursuant to Company policy. You may elect to use your paid sick leave or any other available paid leave benefits during receipt of PFL benefits. You must notify the Company if you intend to file for PFL benefits.

For information concerning these benefits, contact the California Employment Development Department (“EDD”), which administers the PFL program. All claims for PFL benefits must be submitted directly to the California EDD. The EDD ultimately determines whether you are eligible to receive PFL benefits. You will not be eligible for PFL benefits if you are receiving State Disability Insurance, Unemployment Compensation Insurance, or Workers’ Compensation benefits.

Federal Family and Medical Leave Act

Please consult the Employee Handbook for information on the federal Family and Medical Leave Act.

Military-Related FMLA Leave

FMLA leave may also be available to eligible employees in connection with certain service-related medical and non-medical needs of family members. There are two forms of such leave. The first is Military Caregiver Leave, and the second is Qualifying Exigency Leave. Each of these leaves is detailed below.

Definitions

A “Covered Servicemember” is either: (1) a current Servicemember of the Armed Forces, including a member of the National Guard or Reserves, with a serious injury or illness incurred in the line of duty for which the Servicemember is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list; or (2) a “covered veteran” who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.

A “covered veteran” is an individual who was discharged under conditions other than dishonorable during the five (5) year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran.

The FMLA definitions of “serious injury or illness” for current Servicemembers and veterans are distinct from the FMLA definition of “serious health condition.” For purposes of Military-Related FMLA Leave, the term “serious injury or illness” means an injury or illness incurred by the Servicemember in the line of duty while on active duty in the Armed Forces that may render the Servicemember medically unfit to perform the duties of the Servicemember’s office, grade, rank, or rating, or one that existed before the beginning of active duty and was aggravated by service in the line of duty while on active duty.

With regard to covered veterans, the serious injury or illness may manifest itself before or after the individual assumed veteran status, and is: (1) a continuation of a serious injury or illness that was incurred or aggravated when the covered veteran was a member of the Armed Forces and rendered the Servicemember unable to perform the duties of the Servicemember’s office, grade, rank or rating; (2) a physical or mental condition for which the covered veteran has received a VA Service Related Disability Rating (VASRD) of 50 percent or greater and such VASRD rating is based, in whole or in part, on the condition precipitating the need for caregiver leave; (3) a physical or mental condition that substantially impairs the veteran’s ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service or would be so absent treatment; or (4) an injury, including a psychological injury, on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.

“Qualifying exigencies” include activities such as short-notice deployment, military events, arranging alternative childcare, making financial and legal arrangements related to the deployment, rest and recuperation, counseling, parental care, and post-deployment debriefings.

Military Caregiver Leave

Unpaid Military Caregiver Leave is designed to allow eligible employees to care for certain family members who have sustained serious injuries or illnesses in the line of duty while on active duty. The family member must be a “Covered Servicemember,” which means: (1) a current member or veteran of the Armed Forces, National Guard or Reserves, (2) who is undergoing medical treatment, recuperation, or therapy or, in the case of a veteran, who was a member of the Armed Forces, National Guard or Reserves, who was discharged or released under conditions other than dishonorable at any time within five years prior to the treatment which an eligible employee requests; is otherwise in outpatient status; or is otherwise on the temporary disability retired list, (3) for a serious injury or illness that may render current member medically unfit to perform the duties of the member’s office, grade, rank, or rating. Military Caregiver Leave is not available to care for Servicemembers on the permanent disability retired list. Serious injury or illness specifically includes, but is not limited to, aggravation of a preexisting condition while in the line of duty.

To be eligible for Military Caregiver Leave, you must be a spouse, son, daughter, parent, or next of kin of the Covered Servicemember. “Next of kin” means the nearest blood relative of the Servicemember, other than the Servicemember’s spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the Servicemember by court decree or statutory provisions; brothers and sisters; grandparents; aunts and uncles; and first cousins; unless the Servicemember has specifically designated in writing another blood relative as their nearest blood relative for purposes of Military Caregiver Leave. You must also meet all other eligibility standards as set forth within the FMLA Leave policy.

An eligible employee may take up to twenty-six (26) workweeks of Military Caregiver Leave to care for a Covered Servicemember in a “single twelve (12) month period.” The “single twelve (12) month period” begins on the first day leave is taken to care for a Covered Servicemember and ends twelve (12) months thereafter, regardless of the method used to determine leave availability for other FMLA-qualifying reasons. If you do not exhaust your twenty-six (26) workweeks of Military Caregiver Leave during this “single twelve (12) month period,” the remainder is forfeited.

Military Caregiver Leave applies on a per-injury basis for each Servicemember. Consequently, an eligible employee may take separate periods of caregiver leave for each and every Covered Servicemember, and/or for each and every serious injury or illness of the same Covered Servicemember. A total of no more than twenty-six (26) workweeks of Military Caregiver Leave, however, may be taken within any single twelve (12) month period.

Within the “single twelve (12) month period” described above, an eligible employee may take a combined total of twenty-six (26) weeks of FMLA leave including up to twelve (12) weeks of leave for any other FMLA-qualifying reason (i.e., birth or adoption of a child, serious health condition of the employee or close family member, or a qualifying exigency). For example, during the “single twelve (12) month period,” an eligible employee may take up to sixteen (16) weeks of FMLA leave to care for a Covered Servicemember when combined with up to ten (10) weeks of FMLA leave to care for a newborn child.

An employee seeking Military Caregiver Leave may be required to provide appropriate certification from the employee and/or Covered Servicemember and completed by an authorized health care provider within fifteen (15) days. Military Caregiver Leave is subject to the other provisions in our FMLA Leave Policy (requirements regarding employee eligibility, appropriate notice of the need for leave, use of accrued paid leave, etc.). Military Caregiver Leave will be governed by, and handled in accordance with, the FMLA and applicable regulations, and nothing within this policy should be construed to be inconsistent with those regulations.

Qualifying Exigency Leave

Eligible employees may take unpaid “Qualifying Exigency Leave” to tend to certain “exigencies” arising out of the duty under a call or order to active duty of a “covered military member” (i.e., the employee’s spouse, son, daughter, or parent). Up to twelve (12) weeks of Qualifying Exigency Leave is available in any twelve (12) month period, as measured by the same method that governs measurement of other forms of FMLA leave within the FMLA policy (with the exception of Military Caregiver Leave, which is subject to a maximum of twenty-six (26) weeks of leave in a “single twelve (12) month period”). The maximum amount of “Qualifying Exigency Leave” an employee may utilize to bond with a military member on short-term, temporary rest and recuperation during deployment is fifteen (15) days.

Although Qualifying Exigency Leave may be combined with leave for other FMLA-qualifying reasons, under no circumstances may the combined total exceed twelve (12) weeks in any twelve (12) month period (with the exception of Military Caregiver Leave as set forth above). The employee must meet all other eligibility standards as set forth within the FMLA policy.

Persons who can be ordered to active duty include active and retired members of the Regular Armed Forces, certain members of the retired Reserve, and various other Reserve members including the Ready Reserve, the Selected Reserve, the Individual Ready Reserve, the National Guard, state military, Army Reserve, Navy Reserve, Marine Corps Reserve, Air National Guard, Air Force Reserve, and Coast Guard Reserve.

A call to active duty refers to a federal call to active duty, and state calls to active duty are not covered unless under the order of the President of the United States pursuant to certain laws.

Qualifying Exigency Leave is available under the following circumstances:

Short-notice deployment. To address any issue that arises out of short notice (within seven days or less) of an impending call or order to active duty.
Military events and related activities. To attend any official military ceremony, program, or event related to active duty or a call to active duty status or to attend certain family support or assistance programs and informational briefings.
Childcare and school activities. To arrange for alternative childcare; to provide childcare on an urgent, immediate need basis; to enroll in or transfer to a new school or daycare facility; or to attend meetings with staff at a school or daycare facility.
Financial and legal arrangements. To make or update various financial or legal arrangements; or to act as the covered military member’s representative before a federal, state, or local agency in connection with service benefits.
To attend counseling (by someone other than a health care provider) for the employee, the covered military member, or for a child or dependent when necessary as a result of duty under a call or order to active duty.
Temporary rest and recuperation. To spend time with a covered military member who is on short-term, temporary rest and recuperation leave during the period of deployment. Eligible employees may take up to fifteen (15) days of leave for each instance of rest and recuperation. If your spouse or registered domestic partner is a member of the military, you may be entitled to an additional ten (10) days of unpaid leave. Please refer to the Military Leave of Absence above for more details.
Post-deployment activities. To attend arrival ceremonies, reintegration briefings and events, and any other official ceremony or program sponsored by the military for a period of up to ninety (90) days following termination of the covered military member’s active duty status. This also encompasses leave to address issues that arise from the death of a covered military member while on active duty status.
Mutually agreed leave. Other events that arise from the close family member’s call or order to active duty, provided that the Company and the employee agree that such leave qualifies as an exigency and agree to both the timing and duration of such leave.

An employee seeking Qualifying Exigency Leave may be required to submit appropriate supporting documentation in the form of a copy of the covered military member’s active duty orders or other military documentation indicating the appropriate military status and the dates of active duty status, along with a statement setting forth the nature and details of the specific exigency, the amount of leave needed and the employee’s relationship to the military member, within fifteen (15) days. Qualifying Exigency Leave will be governed by, and handled in accordance with, the FMLA and applicable regulations, and nothing within this policy should be construed to be inconsistent with those regulations.

Employees who use leave for unauthorized purposes will be subject to disciplinary action, up to and including termination.

California Family Rights Act

The California Family Rights Act (CFRA) provides eligible employees the opportunity to take unpaid, job-protected leave for certain specified reasons. The maximum amount of leave employees may use under this policy is 12 weeks within a 12-month period. Leave taken under this policy and EDENS’s Military-Related Leave Policy is counted against an employee’s total leave entitlement. For more information regarding leave under this policy, employees should contact the Senior Director of Operations.

Employee Eligibility

To be eligible for CFRA leave under this policy, employees must:

Have worked at least 12 months for EDENS in the preceding seven years (limited exceptions apply to the seven-year requirement).
Have worked at least 1,250 hours for EDENS over the 12 months preceding the date the leave would

All periods of absence from work due to or necessitated by service in the uniformed services are counted in determining eligibility.

Reasons for Taking Leave

CFRA leave may be taken for any of the following reasons:

Birth of an employee’s child, including time for bonding with the child after birth. Such time is available to employees regardless of sex or gender.
Placement of a child with the employee and/or the employee’s registered domestic partner for adoption or foster care to care or bond with the child. Such time is available to employees regardless of sex or gender.
To care for an employee’s spouse, registered domestic partner, child, parent, parent-in-law, grandparent, grandchild, sibling, or a designated person who has a serious health condition.
Because of an employee’s own serious health condition that makes the employee unable to perform the functions of the employee’s position, except for leave taken for disability on account of pregnancy, childbirth, or related medical conditions (see Pregnancy Disability Leave of Absence Policy).
For certain qualifying exigencies (as defined below) related to the covered active duty or call to covered active duty of an employee’s spouse, domestic partner, child, or parent in the Armed Forces of the United States.

Definitions

A “Serious Health Condition” is an illness, injury, impairment, or physical or mental condition that involves either (i) inpatient care in a hospital, hospice, or residential care facility, or (ii) continuing treatment or supervision by a health care provider.

A “child” means a biological, adopted, or foster child, a stepchild, a legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis, regardless of age.

A “parent” means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child.

A “parent-in-law” means the parent of a spouse or registered domestic partner.

A “sibling” means a person related to another person by blood, adoption, or affinity through a common legal or biological parent.

A “designated person” means any individual related by blood or whose association with the employee is the equivalent of a family relationship. Employees will be limited to identifying one (1) designated person per twelve (12)-month period.

A “qualifying exigency” related to the covered active duty or call to covered active duty of an employee’s spouse, domestic partner, child, or parent (“military member”) means any of the exigencies described in California Unemployment Insurance Code section 3302.2, a copy of which you may obtain from Human Resources. These exigencies include:

Childcare and school activities. To arrange for alternative childcare; to provide childcare on an urgent, immediate need basis; to enroll in or transfer to a new school or daycare facility; or to attend meetings with staff at a school or daycare facility.
Financial and legal arrangements. To make or update various financial or legal arrangements; or to act as the military member’s representative before a federal, state, or local agency in connection with service benefits.
Counseling. To attend counseling (by someone other than a health care provider) for the employee, the military member, or for a child or dependent when necessary as a result of duty under a call or order to active duty.
Temporary rest and recuperation. To spend time with a military member who is on short-term, temporary rest and recuperation leave during the period of deployment. Eligible employees may take up to fifteen (15) days of leave for each instance of rest and recuperation.
Post-deployment activities. To attend arrival ceremonies, reintegration briefings and events, and any other official ceremony or program sponsored by the military for a period of up to ninety (90) days following termination of the military member’s active duty status.

Identifying the 12-Month Period

The Company measures the twelve (12) month period in which leave is taken by the “rolling” twelve (12) month method, measured backward from the date of any CFRA leave. CFRA leave for the birth or placement of a child for adoption or foster care must be concluded within twelve (12) months of such birth or placement.

Using Leave

Eligible employees may take CFRA leave in a single block of time, intermittently (in separate blocks of time), or by reducing their normal work schedule (including the elimination of required overtime) when medically necessary for the serious health condition of the employee or to care for a covered family member. Eligible employees may also take intermittent or reduced-schedule leave for military qualifying exigencies. Employees who require intermittent or reduced-schedule leave for planned medical treatment must make a reasonable effort to schedule their leave so that it will not unreasonably disrupt the Company’s operations. For the birth of or care for a newly-born child, or for the adoption or foster-care placement of a child, intermittent leave must be taken in increments of at least two (2) weeks, with shorter increments allowed on any two (2) occasions. For all other kinds of CFRA leave, intermittent leave may be taken in increments of at least one (1) hour.

Use of Paid Leave

Employees may choose (or EDENS may require employees) to use accrued paid leave (such as sick leave, vacation, or PTO) concurrently with some or all of the CFRA leave. Employees receiving state disability benefits or paid family leave benefits will not be required to use accrued paid leave. To use paid leave concurrently with CFRA leave, eligible employees must comply with EDENS’s normal procedures for the applicable paid-leave policy (e.g., call-in procedures, advance notice, etc.). Additionally, depending on the reason for your leave, an eligible employee may choose to take leave pursuant to a short- or long-term disability leave plan, during the otherwise unpaid portion of their CFRA leave. This paid disability leave runs concurrently with CFRA leave and may continue longer than the CFRA leave, if permitted by the disability leave plan.

Maintenance of Health Benefits

The Company will maintain coverage under the Company’s group health plan during your CFRA leave, on the same terms and conditions as if you had continued to work. If applicable, you must make arrangements to pay your share of health plan premiums while on leave. In some instances, the Company may recover premiums it paid to maintain health coverage or other benefits for you or your family during your leave. Use of CFRA leave will not result in the loss of any employment benefit that accrued prior to the start of your leave. Consult the applicable plan document for all information regarding eligibility, coverage, and benefits.

Notice and Medical Certification

In order to qualify for CFRA leave, you must provide:

Reasonable advance notice (at least thirty (30) days) if the need for leave is foreseeable, or notice as soon as practicable in the case of unforeseeable leave, in compliance with the Company’s standard call-in procedures, absent unusual circumstances.
Medical certification supporting the need for leave due to a serious health condition affecting you or a covered family member, within fifteen (15) calendar days of the Company’s request (additional time may be permitted under certain circumstances). If you fail to do so, the Company may delay the start of your leave, retract any designation of CFRA leave, or deny leave, in which case your leave of absence would be treated in accordance with our other leave of absence and attendance policies. Second or third medical opinions and periodic re-certifications may also be required.
Appropriate documentation, within fifteen (15) days of the Company’s request (additional time may be permitted under certain circumstances), supporting the need for leave due to a qualifying military exigency. Such documentation may be in the form of a copy of the military member’s active duty orders or other military documentation indicating the appropriate military status and the dates of active duty status, along with a statement setting forth the nature and details of the specific exigency, the amount of leave needed, and the employee’s relationship to the military member.
Periodic reports as required by the Company during the leave regarding your status and intent to return to work.
Medical certification from your medical provider of your fitness to return to work, if the leave was due to your own serious health condition, as permitted by law.

Failure to comply with the above requirements may result in delay, denial of leave, or disciplinary action.

Employer Responsibilities

The Company will inform you whether you are eligible for leave under CFRA. Should you be eligible for CFRA leave, the Company will provide a notice that specifies any additional information required as well as your rights and responsibilities. The Company will also inform you if leave will be designated under CFRA and, to the extent possible, note the amount of leave counted against your leave entitlement. If you are not eligible for CFRA leave, the Company will provide a reason for the ineligibility.

Job Restoration

Except as otherwise provided by applicable law, upon returning from CFRA leave, you will be restored to the same or a comparable position as the position held prior to the leave.

Failure to Return After CFRA Leave

If you fail to return to work as scheduled or fail to contact the Company after your CFRA leave expires, you will be subject to the Company’s standard leave of absence, attendance, and other policies. Likewise, following the conclusion of your CFRA leave, the Company’s obligation to maintain your group health plan benefits may end (subject to any applicable COBRA rights). If you are unable to return to work after CFRA leave, you must notify Human Resources. If the Company becomes aware of the need for additional leave, the Company will engage in an interactive process to determine whether the condition is a disability for which additional unpaid leave may be provided as a reasonable accommodation.

Other Employment

While on a leave of absence, employees are prohibited from holding other employment, including self-employment, not held immediately prior to the start of the leave. In other words, an employee who has another job in addition to the employee’s job with the Company may continue working that job while on leave from the Company if medically able to do so, but such an employee may not seek and hold other employment to replace the employee’s employment with the Company while on leave. This policy remains in force during all leaves of absence including CFRA leave and violation may result in disciplinary action, up to and including immediate termination of employment.

Fraud

Providing false or misleading information or omitting material information in connection with a request for CFRA leave may result in disciplinary action, up to and including immediate termination.

Employees who use leave for unauthorized purposes will be subject to disciplinary action, up to and including termination.

Leave for Emergency Rescue Personnel

To the extent required by law, employees who are volunteer firefighters, reserve peace officers, members of a disaster medical response team, or emergency rescue personnel (“Emergency Rescue Personnel”) may receive unpaid leave to perform their duties in the case of an emergency.

Emergency Rescue Personnel may also take a temporary, unpaid leave of absence, not to exceed a total of fourteen (14) days per calendar year, in order to engage in fire, law enforcement, or emergency rescue training.

If you qualify as state-sponsored or requested Emergency Rescue Personnel, please alert your supervisor so that your supervisor is aware of the fact that you may have to take time off for emergency duty. In the event that you need to take time off for emergency duty, please alert your supervisor in writing as far in advance as possible. You must provide the Company with appropriate documentation evidencing your performance of emergency duty upon returning to work.

You may choose to use any accrued vacation/PTO or sick leave time, if available, for an absence described above.

Employees who use leave for unauthorized purposes will be subject to disciplinary action, up to and including termination.

Military Leave of Absence

Employees who require time off from work to fulfill military duties will be treated in accordance with applicable requirements of state and federal laws. You are expected to notify the Company in advance of upcoming military duty by providing your supervisor with verbal or written notice as soon as possible. We ask that you are sensitive to the Company’s needs when scheduling military-related training.

You may choose to use any accrued vacation/PTO time, if available, for an absence described above.

Employees who use leave for unauthorized purposes will be subject to disciplinary action, up to and including termination.

Military Spouse Leave of Absence

In addition, if your spouse or registered domestic partner qualifies as military personnel, and you work an average of twenty (20) hours per week for the Company, you may take up to ten (10) days of unpaid leave during the time your military spouse or registered domestic partner is home on leave during a period of military deployment.

You may choose to use any accrued vacation/PTO time, if available, for an absence described above.

Employees who use leave for unauthorized purposes will be subject to disciplinary action, up to and including termination.

Leave for Victims of Qualifying Acts of Violence

You may be eligible for leave under this policy if you or your family member are a victim of a qualifying act of violence, defined as domestic violence, sexual assault, stalking, or any act, conduct, or pattern that includes a) bodily injury or death to another individual; b) exhibiting, drawing, or brandishing a firearm or other dangerous weapon; or c) a reasonably perceived or actual threat to use force against another individual to cause physical injury or death, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime. “Family member” for purposes of this policy includes a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner as defined under the California Family Rights Act or a designated person. For purposes of this policy, “designated person” means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. The Company may limit an employee to one designated person per twelve (12) month period for leave under this policy.

Eligible employees who are a victim of a qualifying act of violence or whose family member is deceased as a result of a qualifying act of violence may receive up to twelve (12) weeks of unpaid leave under this policy. Eligible employees whose family member is a victim of a qualifying act of violence, but not deceased, may receive up to five (5) days of unpaid leave to assist in relocation purposes, and up to ten (10) days of leave in total under this policy. Eligible employees may also take unpaid time off to serve on a jury as required by law, appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding, or seek relief including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure their health, safety or welfare or that of their child.

Employees who meet or whose family member meet the definition of victim above may also be eligible to take unpaid time off to: (1) to obtain or attempt to obtain any relief such as a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the family member of the victim; (2) to seek, obtain, or assist a family member to seek or obtain, medical attention for or to recover from injuries caused by a qualifying act of violence; (3) to seek, obtain, or assist a family member to seek or obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of a qualifying act of violence; (4) to seek, obtain, or assist a family member to seek or obtain psychological counseling or mental health services related to an experience of a qualifying act of violence; (5) to participate in safety planning or take other actions to increase safety from future qualifying acts of violence; (6) to relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare; (7) to provide care to a family member who is recovering from injuries caused by a qualifying act of violence; (8) to seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence; (9) to prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence; or (10) to seek, obtain, or provide childcare or care to a care-dependent adult if the childcare or care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence.

To be eligible for this leave, you must provide the Company with advance notice of your need for leave. If advance notice is not possible, you must provide the Company with the following certification within a reasonable amount of time after returning to work: (1) a police report showing that you or your family member meet the definition of a victim as set forth above (2) a court order protecting you or your family member from the perpetrator of the qualifying act of violence or other evidence from the court or prosecuting attorney that you or your family member appeared in court, (3) documentation from a medical professional, domestic violence or sexual assault counselor, victim advocate, health care provider, or counselor showing that your absence was due to you or your family member receiving treatment or services directly related to the qualifying act of violence, or (4) any other form of documentation that reasonably verifies that the qualifying act of violence occurred including, but not limited to, a written statement signed by you, or an individual acting on your behalf, certifying that the absence is for a purpose authorized under this policy. The Company will make reasonable efforts to safeguard the employee’s privacy with respect to a request for leave under this policy..

You may choose to use any available accrued paid leave benefits for an otherwise unpaid absence described above.

In addition, employees who are victims or whose family member is a victim of a qualifying act of violence are entitled to a reasonable accommodation for the employee’s safety while at work. Please notify your supervisor or the Human Resources Manager if you require such an accommodation, your circumstances change and you need a new accommodation, or if you no longer need an accommodation. The Company will engage in a timely, good faith, and interactive process to determine effective reasonable accommodations. The Company reserves the right to request supporting documentation of the need for reasonable accommodations under this policy. Employees are encouraged to request leave and accommodation under this policy without fear of retaliation.

Employees who use leave for unauthorized purposes will be subject to disciplinary action, up to and including termination.

Leave for Victims of Felony Crimes

To the extent required by law, employees who are victims of certain specified felony crimes, or who are an immediate family member of a victim, a registered domestic partner of a victim, or the child of a registered domestic partner of a victim, may receive unpaid time off from work to attend judicial proceedings related to that crime.

Additionally, employees who are victims of such crimes may take unpaid time off from work to be heard at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue.

To take this leave, you must provide the Company in advance with a copy of the notice of the proceeding. If advance notice is not possible, you must provide the Company with appropriate documentation evidencing your attendance at the judicial proceeding upon returning to work.

You may choose to use any accrued vacation/PTO time, if available, for an absence described above.

Employees who use leave for unauthorized purposes will be subject to disciplinary action, up to and including termination.

School Disciplinary Action Leave

Employees who are requested by their child’s school to appear at the school in connection with the suspension of their child from school will be provided unpaid time off for such purpose. Employees must provide reasonable advance notice that they have been requested to appear at the school where feasible.

You may choose to use any accrued vacation/PTO time, if available, for an absence described above.

Employees who use leave for unauthorized purposes will be subject to disciplinary action, up to and including termination.

Civil Air Patrol Leave

The Company will provide eligible employees who are volunteer members of the California Wing of the Civil Air Patrol and are called to emergency operational missions up to ten (10) days of unpaid leave per calendar year. Leave for a single emergency operational mission cannot exceed three (3) days unless an extension is granted by appropriate government entities and approved by the Company

To be eligible, employees must have been employed with the Company for ninety (90) days immediately preceding the commencement of leave.

Employees are expected to notify the Company of the need for Civil Air Patrol Leave by providing their supervisor with certification from Civil Air Patrol authorities as soon as possible. The Company will restore employees who return from Civil Air Patrol leave to their former position or to a position of equivalent seniority status, employee benefits, pay and other terms and conditions of employment.

You may choose to use any accrued vacation/PTO time, if available, for an absence described above.

Employees who use leave for unauthorized purposes will be subject to disciplinary action, up to and including termination.

Leave for Organ and Bone Marrow Donors

Employees who have been employed for at least ninety (90) days and who provide written verification to the Company that they are an organ or bone marrow donor are entitled to receive a paid job protected leave of absence that may be taken in one or more periods in order to donate. Eligible organ donors are entitled to a leave of absence not to exceed thirty (30) business days in any one-year period of time. Such employees may also be eligible for an additional unpaid leave of absence not to exceed thirty (30) business days in any one-year period of time if they have exhausted all available sick leave. Eligible bone marrow donors are entitled to a leave of absence not to exceed five (5) business days in any one-year period. Employees will be required to use up to five (5) days of their PTO, vacation for bone marrow donor leave and up to two (2) weeks of their PTO, vacation for organ donor leave. The one-year period is measured from the date the eligible employee’s leave begins and will consist of twelve (12) consecutive months. Leave under this policy does not run concurrently with leave taken pursuant to the California Family Rights Act or the Family and Medical Leave Act.

Employees who use leave for unauthorized purposes will be subject to disciplinary action, up to and including termination.

Pregnancy Disability Leave of Absence

Employees may take a leave of absence up to four (4) months for disabilities relating to pregnancy, childbirth, or related medical conditions (meaning a physical or mental condition intrinsic to pregnancy or childbirth). For the purposes of leave under this policy, “four (4) months” means the number of days the employee would normally work within four (4) calendar months (one-third of a year equaling 17 1/3 weeks), if the leave is taken continuously, following the date the pregnancy disability leave commences.

Prior to the start of your pregnancy disability leave, the Company will require a statement from your health care provider indicating that you are unable to perform your job and the anticipated date of your return. In the event your leave exceeds the anticipated date of return, it is your responsibility to provide further verification from your health care provider that you are unable to perform your job and the revised anticipated date of return. If you and/or your family participate in our group health plan, the Company will maintain coverage during your pregnancy disability leave on the same terms as if you had continued to work. If applicable, you must make arrangements to pay your share of health plan premiums while on leave. In some instances, the Company may recover premiums it paid to maintain health coverage or other benefits for you and your family.

Employees granted leaves for pregnancy will be returned to their same or a comparable position to the extent required by state law.

Upon the advice of your health care provider, you may also be entitled to reasonable accommodation, to the extent required by law, for conditions related to pregnancy, childbirth, or related medical conditions. In addition, a transfer to a less strenuous or hazardous position or duties may be available pursuant to your request, if such a transfer is medically advisable. You should promptly notify Human Resources of your need for a reasonable accommodation as soon as reasonably possible. For more information, see the Reasonable Accommodations policy.

You may choose to use any available accrued paid leave benefits for an otherwise unpaid absence described above.

Employees who use leave for unauthorized purposes will be subject to disciplinary action, up to and including termination.

Alcohol and/or Drug Rehabilitation Leave

The Company wishes to assist employees who recognize that they have a problem with alcohol and/or drugs that may interfere with their ability to perform their job in a satisfactory manner. Employees who have a problem with alcohol and/or drugs and who decide to enroll voluntarily in a rehabilitation program will be given unpaid time off to participate in the program unless it would result in an undue hardship to provide the time off. If an employee requests time off to participate in such a program, the Company will also make reasonable efforts to keep the fact that the employee enrolled in the program confidential.

You may choose to use any available vacation/PTO for an otherwise unpaid absence described above.

Employees who use leave for unauthorized purposes will be subject to disciplinary action, up to and including termination.

Bereavement Leave

Eligible employees may receive up to five (5) days of paid bereavement leave in the event they miss regularly scheduled work days due to the death or funeral of a member of the employee’s family. A family member includes your spouse, registered domestic partner, child, parent, parent-in-law, sibling, grandparent, grandchild, or a designated person as defined under the California Family Rights Act (CFRA).

To be eligible, employees must have been employed with the Company for at least thirty (30) days immediately preceding the commencement of leave.

Employees who are notified of the death of a family member while at work will be paid for the remainder of the scheduled hours that day. Eligible employees may take bereavement leave in a single block of time or intermittently within three (3) months of the employee’s family member’s death. All time off in connection with the death of a family member, as defined above, should be scheduled with your supervisor. The Company will make reasonable efforts to safeguard the employee’s privacy with respect to a request for bereavement leave. Employees are encouraged to request leave under this policy without fear of retaliation.

The Company reserves the right to request supporting documentation of the need for bereavement leave, which can include a death certificate, a published obituary, or a written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency.

Because of the deep impact that death can have on an individual or a family, additional unpaid time off may be available on a discretionary basis, depending on the circumstances, and with approval of the employee’s supervisor. Should an employee wish to utilize leave under this policy for a non-immediate family member, they must first secure approval from Human Resources.

Employees who use leave for unauthorized purposes will be subject to disciplinary action, up to and including termination.

Reproductive Loss Leave

Eligible employees, regardless of sex or gender, may receive up to five (5) days of paid reproductive loss leave following a reproductive loss event. A reproductive loss event means the day, or for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or unsuccessful assisted reproduction. Eligible employees who experience more than one reproductive loss event will be limited to twenty (20) days off, with a maximum of 5 days off with pay, within a rolling 12-month period.

Employee Eligibility

To be eligible, employees must have been employed with the Company for at least thirty (30) days immediately preceding the commencement of leave.

Definitions

“Failed adoption” means the dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized because it is contested by another party. This event applies to a person who would have been a parent of the adoptee if the adoption had been completed.

“Miscarriage” means a miscarriage by a person, by the person’s current spouse or domestic partner, or by another individual if the person would have been a parent of a child born as a result of the pregnancy.

“Stillbirth” means a stillbirth resulting from a person’s pregnancy, the pregnancy of a person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy that ended in stillbirth.

“Unsuccessful assisted reproduction” means an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure. This event applies to a person, the person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy.

“Assisted reproduction” means a method of achieving a pregnancy through an artificial insemination or an embryo transfer and includes gamete and embryo donation.

“Assisted reproduction” does not include any pregnancy achieved through sexual intercourse.

Using Leave

Employees who experience a reproductive loss event while at work will be paid for the remainder of the scheduled hours that day. Eligible employees may take leave in a single block of time or intermittently within three (3) months of the reproductive loss event. However, if, prior to or immediately following a reproductive loss event, an employee is on or chooses to go on pregnancy disability leave, leave under the California Family Rights Act, or any other leave entitlement under state or federal law, the employee may complete their reproductive loss leave within three (3) months of the end date of the other leave.

All time off in connection with a reproductive loss event, as defined above, should be scheduled with your supervisor. The Company will make reasonable efforts to safeguard the employee’s privacy with respect to a request for reproductive loss leave. Employees are encouraged to request leave under this policy without fear of retaliation.

Use of Paid Leave

If any portion of reproductive loss leave is unpaid: You may choose to use any available accrued paid benefits, if available, for an absence described above.

Employees who use leave for unauthorized purposes will be subject to disciplinary action, up to and including termination.

Civic Duties

The Company encourages all employees to accept their civic responsibilities. To promote citizenship, the Company is pleased to assist you in the performance of your civic responsibilities.

Court Attendance and Witness Duty: If you receive a subpoena to appear in court, please notify your supervisor immediately. You are expected to return to work as soon as your service as a witness is completed.

Unless court attendance or witness duty is work-related, the Company provides non-exempt employees with unpaid leave when necessary to prepare for and/or participate in court proceedings.

Exempt employees will continue to receive their regular salary for any week in which they perform any work while also participating in court proceedings or on witness duty, pursuant to state and federal law.

Employees will not be required to use vacation, sick leave, or any other accrued paid leave benefits, though employees may choose to use any available vacation/PTO during any period of unpaid witness duty. Employees who are released from court proceedings or witness service before the end of their regularly scheduled shift or who are not asked to serve as a witness are expected to call their supervisor as soon as possible and report to work if requested.

Jury Duty: If you receive a jury duty summons, please notify your supervisor immediately so your supervisor may plan the department’s work with as little disruption as possible.

Jury duty for regular full-time and part-time non-exempt employees is paid at the employee’s hourly rate. Exempt employees will continue to receive their regular salary for any week in which they perform any work while on jury duty, pursuant to state and federal law. Unless otherwise required by law, jury duty for all other employees is unpaid unless the employee elects to use available paid leave.

Exempt employees will continue to receive their regular salary for any week in which they perform any work while on jury duty, pursuant to state and federal law.

Employees will not be required to use vacation, sick leave, or any other accrued paid leave benefits, though employees may choose to use any available vacation/PTO during any period of unpaid jury duty. Employees who are released from jury service before the end of their regularly scheduled shift or who are not asked to serve on a jury panel are expected to call their supervisor as soon as possible and report to work if requested.

Voting Leave: The Company believes that employees should have the opportunity to vote in any state or federal election, general primary, or special primary. Any employee whose work schedule does not provide sufficient time to vote while polls are open will be granted up to two (2) hours off from work with pay to vote. Voting leave will only be paid for non-exempt employees.

Exempt employees will continue to receive their regular salary for any week in which they perform any work while taking off time to vote, pursuant to state and federal law.

To the extent permitted by law, we may select the hours you are excused to vote. Please notify your supervisor of the need for voting leave as soon as possible. Upon return from leave, the Company may require you to provide proof of having voted, such as a voting sticker.

Alcohol and Drug Policy In addition to the provisions of the Alcohol and Drug Policy in the Company’s Employee Handbook, while working or on the Company’s premises, employees are also prohibited from (a) having any such illegal drugs or unauthorized, mind-altering, or intoxicating substances in their system (b) having excessive amounts of otherwise lawful controlled substances in their systems, or (c) being impaired by cannabis or THC-containing products. Nothing in this policy prohibits the lawful use of cannabis or THC-containing products when an employee is not working and not on Company property so long as an employee is not impaired by psychoactive THC when reporting to work.

Employee Rights in Emergencies

Employees are permitted to leave work or refuse to report to work during an “emergency condition.” An “emergency condition” is defined to mean (i) conditions of disaster or peril caused by natural forces or a criminal act, or (ii) an order to evacuate a workplace, worksite, an employee’s home, or the school of an employee’s child. Notably, an “emergency condition” does not include a health pandemic.

Employees must provide advance notice of the emergency condition requiring them to leave or refuse to report to the workplace or worksite. If advance notice is not feasible, employees must provide notice as soon as possible.

The Company will not take any adverse action against employees for refusing to report to, or leaving, a workplace or worksite within the affected area if the employee has a reasonable belief that the workplace or worksite is unsafe. Furthermore, the Company will not prevent employees from accessing their mobile device or other communications device to seek emergency assistance, assess the safety of the situation, or communicate with a person to verify their safety.

Personnel Records

Recognizing the confidential nature of the information in your personnel record, the Company limits access to the personnel records to you and those with proper authorization or pursuant to legal process.

No documents contained in your personnel file will be released without your consent, except pursuant to legal process. Any records of medical evaluation results will be maintained in a separate file, in accordance with legal requirements, and may only be reviewed by authorized individuals.

You may review your own personnel file with a representative from Human Resources present to answer any questions. Additionally, a manager may review your personnel file if you have a current reporting relationship to that manager or have been interviewed and are being considered for a position reporting to that manager. Your personnel records also are subject to review by investigative agencies, or during periodic internal audits conducted by the Company.

Within thirty (30) days of an employee’s written request, or the written request of the employee’s designated representative, the Company will either make personnel records available to the employee for inspection or provide a copy of the employee’s personnel records to the employee or the employee’s designated representative. The employee is responsible for the cost of copying the records.

Seating

The Company provides suitable seating when the nature of an employee’s work reasonably permits. If you feel you need seating at your workstation or feel your seating is inadequate, please inform your supervisor or Human Resources.

Health Insurance Continuation (California COBRA)

In compliance with California law, EDENS offers eligible employees and/or their covered dependents, who have exhausted continuation coverage under federal COBRA, the opportunity to continue coverage for up to 36 months from the date the insured’s continuation coverage began if the insured is entitled to less than 36 months of continuation coverage under federal COBRA. For more information on Cal-COBRA, please contact Human Resources.

Employment Verification

EDENS will provide a notice (English, Spanish) to each current employee of any inspections of federal Forms I-9 or other employment records conducted by an immigration agency within 72 hours of receiving notice of the inspection.

Upon request, EDENS provide an affected employee a copy of the Notice of Inspection of Forms I-9 received from a federal agency.

The Company will provide to each affected employee a copy of the immigration agency notice that provides the inspection results within 72 hours of receipt and will also provide to each affected employee written notice of the employer’s and affected employee’s obligations arising from the inspection results.

Personal Information Protection

EDENS will maintain reasonable security procedures and practices to protect the personal information from unauthorized access, destruction, use, modification, or disclosure.

For instance, the Company limits access to the personnel records to you and those with proper authorization or pursuant to legal process. No documents contained in your personnel file will be released without your consent, except pursuant to legal process. Any records of medical evaluation results will be maintained in a separate file, in accordance with legal requirements, and may only be reviewed by authorized individuals.

You may review your own personnel file with Human Resources present to answer any questions. Additionally, a manager may review your personnel file if you have a current reporting relationship to that manager or have been interviewed and are being considered for a position reporting to that manager. Your personnel records also are subject to review by investigative agencies, or during periodic internal audits conducted by the Company.

Mobile and Electronic Devices

Reimbursement

The Company reimburses employees for business expenses reasonably incurred in performing their duties, including employees’ mandatory use of their personal mobile device. If your job requires you to use your personal mobile device, such usage will generally be reimbursed at a reasonable rate. If you believe that the business that is being conducted via your mobile device results in an expense to you that is greater than what the Company is offering, please contact Human Resources.

Reimbursement for any expense will only be made upon the employee’s timely submission of a request for reimbursement along with sufficient documentation such as receipts. It is the employee’s responsibility to seek reimbursement for business expenses, as the Company can only reimburse expenses for which it receives a request and sufficient documentation.

Final Paycheck

California EDENS employees who resign will receive their final paycheck within 72 hours of their last date of employment. CA EDENS employees who are fired will be paid on the same day as termination of employment notice.

California Harassment Free Policy

California Harassment Free Notice

San Francisco Addendum

This San Francisco Addendum is applicable only to employees working in the geographic boundaries of the City and County of San Francisco and only amends those provisions that are specifically addressed below. Regarding the amended provisions, in the event of any conflict between the Employee Handbook and this Addendum, this Addendum shall control. Except as set forth herein, the Employee Handbook is not modified by this Addendum.

This San Francisco Addendum is to be read in connection with EDENS’ (the “Company” or “EDENS”) Employee Handbook. Together, the Employee Handbook and the San Francisco Addendum will provide you with important information about your employment with the Company and serve as a guide to the Company’s current policies, practices, and procedures. If you have questions as you review the Employee Handbook or the San Francisco Addendum, please do not hesitate to discuss your questions with Human Resources.

Equal Employment Opportunity Policy

In addition to the protected statuses listed in the Company’s Employee Handbook, and in accordance with San Francisco law, the Company is committed to providing equal opportunities to all employees without regard to height, weight, or any other protected statuses in accordance with applicable, federal, state and local laws. Additionally, the Company will not discriminate against persons based on AIDS/HIV status or any other disease that cannot be easily transmitted, unless it is necessary due to the particular job or will endanger the health and safety of the employee or others and no reasonable accommodation exists.

Lactation Accommodations

In addition to the lactation policy provided in the California Handbook, the Company will provide a lactation location within close proximity to the employee’s work area that is shielded from view and free from intrusion from co-workers and the public, is safe, clean, and free of toxic or hazardous materials, contains a chair and surface space (e.g., a table or shelf) for a breast pump and other personal items, and has access to electricity. The Company will additionally make a reasonable effort to provide, within close proximity to the employee’s work area, a refrigerator where the employee can store breast milk and access to a sink with running water.

Employees have a right to request an accommodation for their lactation. Employees should contact their immediate supervisor or Human Resources to request a lactation accommodation under this policy. Once the Company is aware of the need for an accommodation, the Company will engage in an interactive process with the employee to identify possible accommodations and provide a response within five (5) business days of an employee’s request for a lactation accommodation.

If you believe that you have been treated in a manner not in accordance with these policies, please notify the Company immediately by speaking to Human Resources. You are encouraged to utilize this procedure without fear of retaliation.

Paid Sick Leave

Please refer to the core policy located in the Employee Handbook for sick leave information.

Leave under this policy may also be used as follows: (1) by an employee to serve as required by law on an inquest jury or trial jury; (2) by an employee who is a victim of a qualifying act of violence, including domestic violence, sexual assault, stalking, or an act that causes bodily injury or death, involves the brandishing of a dangerous weapon, or involves a threat of violence, to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding; and (3) by an employee who is a victim of a qualifying act of violence to obtain victim relief, including, but not limited to, to obtain a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of themselves or their child. In addition, leave under this policy may also be used by an employee who is a victim or whose family member is a victim of a qualifying act of violence to do the following: (1) obtain victim relief, services, or counseling; (2) seek aid or medical attention; (3) participate in safety planning or legal proceedings; (4) relocate; (5) provide care to family members who are victims; (6) assist family members obtain legal services; or (7) secure childcare if necessary to ensure the safety of the child. Sick leave may also be used for bereavement leave within three (3) months of the death of an employee’s family member.

Employees requesting time off under this policy must provide as much advance notice as possible. Where your need for paid sick leave is unforeseeable, you must provide notice as soon as practicable. Generally, “as soon as practicable” means two (2) hours before the start of your work shift, though the Company recognizes that there are instances where two (2) hours’ notice will not be possible. Please provide notice of any absences pursuant to this policy by [e.g., contacting your direct supervisor].

Accrued, unused time under this policy will not be paid out at the time of separation from employment. However, employees who are re-employed with the Company within a year of separation will have any unused paid sick leave accrued under this policy reinstated.

Leave under this policy may run concurrently with leave taken under local, state or federal law, including leave taken pursuant to the California Family Rights Act or the Family and Medical Leave Act. For more information regarding this policy, contact Human Resources.

Paid Parental Leave

Under San Francisco’s Paid Parental Leave Ordinance, the Company provides employees with supplemental compensation for up to eight (8) weeks of parental leave. To be eligible for supplemental compensation under this policy, an employee must (1) have commenced employment with the Company at least 180 days prior to the start of the leave period; (2) perform at least eight (8) hours of work per week for the Company within the geographic boundaries of San Francisco; (3) spend at least 40% of his or her total weekly hours worked for the Company within San Francisco; and (4) be otherwise eligible for paid family leave compensation from the State of California under the California Paid Family Leave law for the purpose of bonding with a new child.

Eligible employees may receive supplemental compensation under this policy for leaves of absence in connection with new child bonding during the first year after the birth of the child or after placement of the child with the employee through foster care or adoption. This policy applies equally to male and female employees. Eligible employees may receive supplemental compensation under this policy for a single block of time or intermittent leave of absence.

Consult Human Resources for detailed information on how the dollar amount of your supplemental compensation under this policy is calculated and the amount that you are entitled to receive. The actual dollar amount that an employee receives may vary according to the compensation plan of the employee. As a precondition of receiving supplemental compensation under this policy and in order for the Company to calculate the amount of supplemental compensation to which you may be entitled, you must either (1) provide the Company with a copy of the Notice of Computation of California Paid Family Leave Benefits from the State or other legally authorized statement, or (2) at the time of applying for California Paid Family Leave, provide the State with written authorization to disclose the weekly benefit amount to the Company.

The Company will not retaliate against you for requesting or receiving leave or compensation pursuant to this policy. For more information regarding this policy, or for information regarding your entitlement to leave pursuant to Company policies, contact Human Resources.

Family Friendly Ordinance

Employees that have been employed by the Company for at least six (6) months, regularly work at least eight (8) hours per week in San Francisco (including those who telework and are assigned to a San Francisco business location at the time of the request) and are a primary caregiver have the right to request, a flexible or predictable workplace arrangement to assist with caregiving responsibilities. Employees must submit a written request for a flexible or predictable working arrangement to assist with care for: (1) a child under the age of eighteen for whom the employee has parental responsibility; (2) a family member with a serious health condition; and (3) any family member age sixty-five or older. “Family member” for the purposes of this policy, includes a spouse, domestic partner, child, parent, sibling, grandchild or grandparent that is related by blood, legal custody, marriage, or domestic partnership.

Once the Company receives a complete written request, the Company may choose to meet with the employee and will provide a written response within twenty-one (21) days of receiving the request. If, however, the requested arrangement is denied, the Company will engage in an interactive process with the employee to devise a mutually acceptable arrangement. The Company may deny an employee’s request if it would cause an undue hardship. In such a case, the Company will provide the employee a written response that identifies the basis upon which the Company has denied the request, along with a notice of the right to request reconsideration and to file a complaint with the San Francisco Office of Labor Standards Enforcement (OLSE). The employee, within thirty (30) days, may submit a written request for reconsideration. Within twenty-one (21) days of receiving a written request for reconsideration, the Company will meet with the employee regarding the request and provide a written final decision within fourteen (14) days of that meeting. The Company will provide the employee a written response and, if denied, will identify the basis upon which the Company has denied the request and inform the employee of the right to file a complaint.

The Company reserves the right to require verification of the employee’s caregiving responsibilities, which may include confirmation from a medical professional. If you believe that you have been treated in a manner not in accordance with these policies, please notify the Company immediately by speaking to Human Resources. You are encouraged to utilize this procedure without fear of retaliation.

Public Health Emergency Leave

In addition to the paid time off, including paid sick leave under the San Francisco Paid Sick Leave Ordinance and in compliance with the San Francisco Public Health Emergency Leave Ordinance (PHELO), the Company will provide each covered employee with Public Health Emergency Leave. This leave is only available during a Public Health Emergency as defined by law. During a Public Health Emergency, employees may be eligible for up to eighty (80) hours of paid Public Health Emergency Leave based on their work schedule.

Employees may use this leave when they are unable to work or telework due to the following:

The recommendations or requirements of an individual or general federal, state, or local health order (including an order issued by the local jurisdiction in which an employee or a family member the employee is caring for resides) related to the Public Health Emergency;

The employee, or a family member the employee is caring for, has been advised by a healthcare provider to isolate or quarantine;

The employee, or a family member the employee is caring for, is experiencing symptoms of and seeking a medical diagnosis, or has received a positive medical diagnosis, for a possible infectious, contagious, or communicable disease associated with the Public Health Emergency;

The employee is caring for a family member if the school or place of care of the family member has been closed, or the care provider of such family member is unavailable, due to the Public Health Emergency; or

An Air Quality Emergency, if the employee is a member of a Vulnerable Population and primarily works outdoors.

For the purposes of this leave, an employee’s family member includes any person for whom an employee may use paid sick leave to provide care. Additionally, for the purposes of this policy, vulnerable population means a person who has been diagnosed with heart or lung disease; has respiratory problems, including but not limited to asthma, emphysema, and chronic obstructive pulmonary disease; is pregnancy; or is age sixty (60) or older.

Employees may use Public Health Emergency Leave in increments of more than one (1) hour. Employees will not be entitled to more than eighty (80) hours of Public Health Emergency Leave per calendar year. The Company reserves the right to require supporting medical documentation from a healthcare provider or other documentation to confirm an employee’s status as a member of a Vulnerable Population.

Unused time under this policy will not be paid out at the time of separation from employment. However, employees who are re-employed with the Company within a year of separation will have any unused Public Emergency Leave time under this policy reinstated.

Employees requesting time off under this policy must provide as much advance notice as possible if the need for leave is foreseeable. Where the need for Public Health Emergency Leave is unforeseeable, employees must provide notice as soon as practicable. Employees are encouraged to request leave under this policy without fear of retaliation.

For more information regarding this policy, contact Human Resources.

Private Sector Military Leave Pay

Under San Francisco’s Private Sector Military Leave Pay Protection Act, the Company provides covered employees with supplemental compensation for up to thirty (30) days of Military Duty per calendar year when employees take time off for Military Duty.

An employee is covered if they work within the geographic boundaries of San Francisco and are a member of the reserve corps of the United States Armed Forces, National Guard, or other uniformed service organization of the United States and require time off for Military Duty. Military Duty means (1) active military service in response to the September 11, 2001 terrorist attacks, international terrorism, the conflict in Iraq, or related extraordinary circumstances, or (2) military service to provide medical or logistical support to federal, state, or local government responses to the COVID-19 pandemic, natural disasters, or (3) engagement in military duty ordered for the purposes of military training, drills, encampment, naval cruises, special exercises, Emergency State Active Duty, or like activity.

The amount of supplemental compensation is calculated by taking the difference between the employee’s gross military pay and the amount of gross pay the employee would have received if the employee worked their regular work schedule during the time off for Military Duty. Please consult the Payroll Department for detailed information on how the dollar amount of your supplemental compensation under this policy is calculated and the amount that you are entitled to receive. The supplemental compensation for Military Duty can be utilized in daily increments for one or more days at a time, for up to a total of thirty (30) days in a calendar year.

Employees requesting supplemental compensation under this policy should provide as much advance notice as possible if the Military Duty is foreseeable. For more information regarding this policy, contact Human Resources.

Exempt employees may be provided time off with pay for any of the above leaves when necessary to comply with state and federal wage and hour laws.

THIS IS NOT A CONTRACT

Appendix B – Colorado State Addendum

This addendum is applicable only to employees working in Colorado and only amends those provisions that are specifically address below. Regarding the amended provisions, in the event of any conflict between the Employee Handbook and this Addendum, this Addendum shall control. Except as set forth herein, the Employee Handbook is not modified by this Addendum.

This addendum is to be read in connection with the EDENS (“Company”) Integrity Pledge. Together, the Integrity Pledge and the Colorado Addendum will provide you with important information about your employment with the Company and serve as a guide to the Company’s current policies, practices, and procedures. If you have questions as you review the Integrity Pledge or the Colorado Addendum, please do not hesitate to discuss your questions with Human Resources.

COLORADO EMPLOYEES

Colorado Equal Employment Opportunity

In addition to the protected statuses listed in the Company Integrity Pledge, and in accordance with Colorado law, the Company is committed to providing equal employment opportunities to all employees and applicants without regard to disability (mental or physical), race (including hair texture, hair type, hair length, or protective hairstyles that are commonly or historically associated with race), creed, color, sex (including pregnancy or transgender status), sexual orientation, gender identity, gender expression, religion, age, national origin, ancestry, military or veteran status, genetic profile, marital status, living organ donor status, or any other protected status in accordance with applicable federal, state, or local laws.

The Company will not discriminate against, retaliate against, discipline, discharge, or interfere with an employee who has inquired about, discussed, compared, or disclosed his or her wages or the wages of another employee; or who has brought charges, filed a complaint, or caused to be instituted an action based on disclosure of wage information made by an employee. Notwithstanding the foregoing, if an employee, by reason of their job duties, has confidential access to other employees’ wage information, that employee cannot disclose the confidential wage information of such other employees to any other employees without such disclosed-employees’ prior knowledge and consent.

The Company does not discriminate on the basis of any protected category with respect to the payment of wages. It is the Company’s desire to pay all employees’ wages and salaries that are competitive with other employers in the marketplace in a way that will be motivational and equitable. The Company sets wages that are appropriate for the degree of responsibility and skill for each position.

This policy extends to all aspects of our employment practices, including, but not limited to, recruiting, hiring, discipline, firing, promoting, transferring, compensation, benefits, training, leaves of absence, and other terms and conditions of employment.

Policy Against Unlawful Harassment, Discrimination, and Retaliation

In addition to the protected statuses listed in the Company Integrity Pledge, and in accordance with Colorado law, the Company strictly prohibits all forms of unlawful harassment, which includes harassment or unwelcome conduct on the basis of disability (mental or physical), race, creed, color, sex (including pregnancy or transgender status), sexual orientation, gender identity, gender expression, religion, age, national origin, ancestry, military or veteran status, genetic profile, marital status, or any other protected status in accordance with applicable federal, state, or local laws.

The Company’s policy against unlawful harassment applies to all employees of the Company, including supervisors and managers. The Company prohibits managers, supervisors, and employees from harassing co-workers, as well as the Company’s customers, vendors, suppliers, independent contractors, and others doing business with the Company. In addition, the Company prohibits its customers, vendors, suppliers, independent contractors, and others doing business with the Company from harassing our employees.

Violation of this policy will subject an employee to disciplinary action, up to and including immediate termination.

As such, further examples of prohibited sexual harassment, in addition to those articulated in the Company Integrity Pledge, include harassment based on gender, transgender status, or sexual orientation. By way of illustration only, and not limitation, some examples of such behavior include:

Physical or verbal abuse concerning an individual’s actual sex or the perception of the individual’s sex; and
Verbal abuse concerning a person’s characteristics, such as vocal pitch, facial hair, or the size or shape of a person’s body.

Meal Period and Rest Breaks

Non-exempt Colorado EDENS employees are entitled to an uninterrupted and duty-free meal period of at least 30 minutes when a scheduled work shift exceeds 5 consecutive hours. Such meal periods, to the extent practical, shall be at least one hour after the start, and one hour before the end, of the shift. During this break the employee will be completely relieved of all duties and allowed to pursue personal activities.

Because of the nature of our business, and certain employees’ jobs, there are situations and circumstances where an uninterrupted meal period is impractical. In situations or circumstances where an uninterrupted meal break is impracticable, employees will be allowed to consume an on-duty meal without any loss of time or compensation.

Employees who are unable to take all of the meal periods to which they are entitled in accordance with this policy or not allowed to consume an on-duty meal, or who have been interrupted, prevented, or discouraged from taking a meal period to which they are entitled or eat on-duty, should immediately notify their supervisor or Human Resources. Failure to report may subject the employee to disciplinary action, up to and including termination of employment.

The Company also provides employees with a ten (10) minute paid rest period for every four (4) hours worked as follows:

Work Hours	Rest Periods Required
2 or fewer	0
Over 2, and up to 6	1
Over 6, and up to 10	2
Over 10, and up to 14	3
Over 14, and up to 18	4
Over 18, and up to 22	5
Over 22	6

Employees may be required to sign a certification providing, among other things, that they have taken all of their rest periods during the pertinent pay period. Employees who are unable to take all of the rest periods to which they are entitled in accordance with this policy, or who have been prevented or discouraged from taking a break to which they are entitled under this policy, should immediately notify their supervisor, Human Resources, or the Owner. Failure to report may subject the employee to disciplinary action, up to and including termination of employment.

Overtime

Employees covered by the applicable Colorado Overtime and Minimum Pay Standards Order and eligible for overtime shall be paid time and one-half of the regular rate of pay for any work in excess of: (1) 40 hours per workweek; (2) 12 hours per workday, or (3) 12 consecutive hours without regard to the starting and ending time of the workday (excluding duty-free meal periods), whichever calculation results in the greater payment of wages.

Sick Leave

At the beginning of the calendar year, the Company will provide all full-time employees with 80 hours of paid sick leave. Full-time employees who begin their employment after the start of the calendar year will receive a prorated amount of sick leave. Part-time employees will accrue sick leave at a rate of 1 hour for every 30 hours worked. Employees can roll up to 80 hours of unused sick time into subsequent calendar years, but sick leave is capped at 160 hours. Leave must be taken in full hour increments.

All employees may use paid sick leave as it is accrued and may carry forward and use in subsequent calendar years up to 80 hours of paid sick leave that is not used in the year in which it is accrued. Any accrued but unused sick leave will not be paid out at termination. After four (4) or more consecutive sick day absences, the Company may require documentation of the absence.

Employees may use accrued paid sick leave to be absent from work for the following purposes:

The employee has a mental or physical illness, injury, or health condition; needs a medical diagnosis, care, or treatment related to such illness, injury, or condition; or needs to obtain preventive medical care;
The employee needs to care for a family member who has a mental or physical illness, injury, or health condition; needs a medical diagnosis, care, or treatment related to such illness, injury, or condition; or needs to obtain preventive medical care;
The employee or family member has been the victim of domestic abuse, sexual assault, or criminal harassment and needs to be absent from work for purposes related to medical attention, mental health care or other counseling, victim services (including legal) or relocation;
The employee needs to grieve, attend funeral services or a memorial, or deal with financial and legal matters that arise after the death of a family member;
The employee needs to care for a family member whose school or place of care has been closed due to inclement weather, loss of power, loss of heating, loss of water, or other unexpected events that results in the closure of the family member’s school or place of care;
The employee needs to evacuate the employee’s place of residence due to inclement weather, loss of power, loss of heating, loss of water, or other unexpected events that results in the need to evacuate the employee’s residence; or
A public official has ordered the closure of the school or place of care of the employee’s child or of the employee’s place of business due to a public health emergency, necessitating the employee’s absence from work.

The Company will not retaliate against any employee who uses the employee’s paid sick leave or otherwise exercises the employee’s rights with regard to paid sick leave.

Public Health Emergency Leave

During a public health emergency, and depending upon any applicable federal, state, and/or local requirements, if an employee does not accrue at least 80 hours of leave time in a year, the Company will provide that employee an additional amount of paid sick leave during a public health emergency in an amount based on the number of hours the employee works. Accordingly, the Company will supplement employees’ accrued sick leave and vacation, by adding hours to the then-currently-available accrued time to equal:

For employees who normally work at least forty (40) hours in a workweek: eighty (80) hours of total sick leave.

For employees who normally work fewer than forty (40) hours in a workweek: The greater of either (1) the amount of time the employee is scheduled to work in a fourteen (14) day period or (2) the amount of time the employee actually works on average in a fourteen (14) day period.

Employees may use the additional public health emergency sick leave up to and until four (4) weeks after the official termination or suspension of the public health emergency for the following purposes:

The employee needs to self-isolate and care for oneself because the employee is diagnosed with, experiencing symptoms, or seeking a diagnosis, treatment or preventative care, for a communicable illness that is the cause of the public health emergency;

The employee needs to care for a family member because the family member is diagnosed with, experiencing symptoms, or seeking a diagnosis, treatment or preventative care, for a communicable illness that is the cause of the public health emergency;

A public official has ordered the closure of the school or place of care of the employee’s child or of the employee’s place of business due to a public health emergency, necessitating the employee’s absence from work;

The employee is unable to work because of a health condition that may increase susceptibility to or risk of a communicable illness that is the cause of the public health emergency.

Caring for a child or other family member or whose school, childcare provider, or other care provider is either unavailable, closed, or providing remote instruction due to the public health emergency.

Employees requesting time off under this policy must provide as much advance notice as possible, if the need for leave is foreseeable. Where the need for sick leave is unforeseeable, employees must provide notice as soon as practicable. For more information regarding this policy, contact Human Resources.

Pregnancy Accommodations

The Company provides reasonable accommodations to any qualified employee for known limitations related to pregnancy, childbirth, or related medical conditions of a qualified employee, to the extent required by law, provided the requested accommodation does not create an undue hardship on the Company. When an employee requests leave or an accommodation under this policy, the Company will engage with the employee in a timely and good-faith interactive process to determine effective, reasonable accommodations for the employee, which may include, but are not limited to:

allowing more frequent or longer break periods;
allowing more frequent restroom, food, and water breaks;
providing or modifying equipment or seating;
placing limitations on lifting;
temporary transfer to a less strenuous or less hazardous position;
job restructuring;
light duty work, if available;
assistance with manual labor; or
modified work schedules.

If the Company determines that all other reasonable accommodations create an undue hardship for the Company and/or pose a direct threat to the health or safety of the employee or others in the workplace, the Company may require the employee to take a leave of absence, subject to the provision of medical documentation of the employee’s need. If the employee does not have available leave or does not qualify for any state or federal protected leaves, the Company will provide any leave of absence to the extent leave is otherwise provided to eligible employees.

Adoption Leave

The Company provides leave to an employee who is an adoptive parent or a stepparent, at the time of birth or initial placement for adoption of a child, under the same terms and conditions as the Company provides such leave to employees who are biological parents. Employees with questions regarding leave under this policy should contact the Human Resources Manager.

Lactation Break/Accommodation

The Company will not discriminate against an employee who seeks to express breast milk for her nursing child. The Company will provide reasonable unpaid break time, or permit an employee to use paid break time, meal time, or both, each day to allow the employee to express breast milk for her nursing child for up to two (2) years after the child’s birth. The Company will make reasonable efforts to provide a room or other location, other than a toilet stall, in close proximity to the working area where the employee can express breast milk in privacy.

Colorado Victims of Crime Leave

The Company provides necessary unpaid leave to employees who are victims of a crime to attend, participate in, or prepare for court proceedings in accordance with applicable law. Employees requesting leave under this policy should notify Human Resources immediately so that the Company may plan the department’s work with as little disruption as possible.

Domestic Violence Leave

The Company provides up to three (3) working days of leave in any twelve (12)-month period to eligible employees who are victims of domestic abuse, stalking, sexual assault or any other crime involving domestic violence. To qualify for leave under this policy, an employee must have worked for the Company for at least twelve (12) months.

Leave may be used to:

Seek a civil protection order to prevent domestic abuse;
Obtain medical care or mental health counseling for him/herself or the employee’s children;
Make the employee’s home secure against the perpetrator or to find a new home;
Seek legal advice concerning any of the above offenses; or
Prepare or attend court proceedings arising from any of the above offenses.

Employees requesting leave under this policy should provide the Company with reasonable advance notice of the need for leave, except in the case of imminent danger to the health or safety of the employee. The Company may request documentation to support the need for leave. Information provided in connection with leave under this policy will be kept confidential by the Company, except to the extent that disclosure is requested or consented to in writing by the employee or otherwise required by applicable federal or state law. Employees with questions regarding this leave of absence should contact Human Resources.

Leave under this policy is generally unpaid. However, employees may elect to use their accrued unused paid time off and available short-term disability (STD) pay (if applicable). In order to use paid leave, an eligible employee must comply with the Company’s normal procedures for the applicable paid-leave policy (e.g., call-in procedures, advance notice).

Volunteer Emergency Worker Leave

The Company provides up to fifteen (15) days of unpaid leave to employees who are volunteer emergency workers, including volunteer firefighters, working for qualified volunteer organizations, and who are requested to respond to a disaster emergency. To qualify for leave under this policy, employees need to provide Human Resources with appropriate written confirmation of the employee’s status as a volunteer emergency worker.

If an employee is summoned to respond to an emergency during working hours, the employee must notify Human Resources as soon as possible. Additionally, the Company may require appropriate written confirmation of the employee’s call to emergency service. The Company reserves the right, in its discretion, to deny such leave if the employee is essential to the operation of the daily business.

Jury Duty: Employees who receive a call to jury duty, should notify their immediate supervisor immediately so that the Company may plan the department’s work with as little disruption as possible.

Except as otherwise required by county or city ordinances, non-exempt employees required to appear for jury duty on a regularly scheduled workday will be paid their regular compensation up to $50.00 per day for the first three (3) days of jury duty service.

Employees who are released from jury service before the end of their regularly scheduled shift or who are not asked to serve on a jury panel are expected to call their supervisor as soon as possible and report to work if requested. The Company may require employees to provide proof of jury duty service.

Court Attendance and Witness Leave: The Company provides necessary unpaid leave to employees who are subpoenaed to attend, participate in, or prepare for court proceedings in accordance with applicable law. Employees who receive a subpoena or summons to appear in court, should notify their immediate supervisor immediately so that the Company may plan the department’s work with as little disruption as possible.

Voting: In circumstances where employees’ work schedule does not provide three hours of continuous off-duty time during which the polls are open, the Company will provide a reasonable amount of paid time off, up to two (2) hours, during scheduled work time for employees to vote. Employees who need time off to vote should notify their immediate supervisor prior to an election day. The Company may specify a time period during which the polls are open for employees to leave work to vote.

Colorado National Guard And United States Reserve Forces Leave

Colorado National Guard and United States Reserve Forces Leave is available to any employee who is a duly qualified member of the Colorado National Guard or the reserve forces of the United States. If you are a member of the Colorado National Guard or the reserve forces of the United States, we encourage you to provide documentation of your status to Human Resources as soon as possible.

An employee who is a member of the Colorado National Guard or the reserve forces of the United States is entitled to the equivalent of three (3) weeks of unpaid leave in any one (1) calendar year to receive military training with the armed forces of the United States. An employee may use any paid leave available or may use unpaid leave for the employee’s period of absence for military training.

The Company may require documentation of the satisfactory completion of the training. The Company will not retaliate against any employee who uses the employee’s Colorado National Guard and United States Reserve Forces Leave or otherwise exercises the employee’s rights with regard to annual military training.

An employee who is a duly qualified member of the Colorado National Guard is entitled to reemployment, regardless of the length of the absence, in order to engage in active service for state purposes. Eligible employees will be restored to the same or a comparable position as the position held prior to active service. An employee may use any paid leave available or may use unpaid leave for the employee’s period of absence for active service.

Colorado Paid Family and Medical Leave Insurance Benefit

All employees will have .45% deducted from their wages and remitted to the State of Colorado under the Colorado Family and Medical Leave Insurance (FAMLI) Program. Likewise, the Company will contribute .45% to the State of Colorado under the Colorado FAMLI Program.

Eligible employees have access to 12 weeks of paid leave through the State of Colorado in order to care for themselves or their family during a serious health condition or birth of a child. Eligible employees have access to FAMLI leave for the following purposes:

The employee is caring for a new child during the first year after the birth, adoption or foster care placement of that child;
The employee needs to care for a family member with a serious health condition;
The employee needs to care for their own serious health condition;
The employee needs to make arrangements for a family member’s military deployment;
The employee or family member has been the victim of domestic abuse, sexual assault, or criminal harassment and needs to be absent from work for purposes related to medical attention, mental health care or other counseling, victim services (including legal) or relocation.

For purposes of FAMLI leave, “family member” means:

Regardless of age, a biological, adopted, or foster child, stepchild, or legal ward, a child of a domestic partner, a child to whom the employee stands in loco parentis, or a person to whom the employee stood in loco parentis when the person was a minor;
A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or employee’s spouse or domestic partner or a person who stood in loco parentis when the employee or employee’s spouse or domestic partner was a minor child;
A person to whom the employee is legally married under the laws of any state, or a domestic partner of a covered individual as defined in section 24-50-603(6.5);
A grandparent, grandchild, or sibling (whether a biological, foster, adoptive, or step relationship) of the employee or employee’s spouse or domestic partner; or
In certain limited circumstances, an individual with whom the employee has a significant personal bond that is or is like a family relationship, regardless of biological or legal relationship.

Employees with serious health conditions caused by pregnancy complications or childbirth complications have access to an additional 4 weeks of paid leave for a total of 16 weeks of paid leave through the State of Colorado.

Employees seeking FAMLI leave through the State of Colorado must provide the Company with at least thirty (30) days advance notice before the leave start date, if the need for leave is foreseeable. Where the need for FAMLI leave is unforeseeable, employees must provide notice as soon as practicable. FAMLI leave will run concurrently with the Family and Medical Leave Act, as applicable.

Upon return from FAMLI leave, employees who have worked for the Company for over 180 days before taking FAMLI leave will be restored to the same or a comparable position as the position held prior to the leave. Employees who have worked less than 180 days for the Company at the start of their FAMLI leave remain eligible to take leave; however, the Company may be required to fill the position of such employees and the Company does not guarantee continued employment for employees who take FAMLI leave within their first 180 days of employment with the Company.

The Company will not retaliate against any employee who uses FAMLI leave or otherwise exercises the employee’s rights with regard to FAMLI leave. For further information regarding this leave, see management.

Colorado Family Care Act

In addition to the leave to which eligible employees are provided under FMLA, as detailed in the Company’s FMLA policy, the Company provides leave to employees, as defined under the FMLA, to care for persons with serious health conditions when such persons are employees’:

partner in a civil union; or
domestic partner if the partnership is registered with the municipality in which the person resides or (if applicable) with Colorado, or if the partner is recognized as the employees’ domestic partner by the employer.

Employees with questions regarding this leave policy should contact Human Resources.

Appendix C – Connecticut State Addendum

CONNECTICUT EMPLOYEES

Meal & Rest Periods

Employees who work at least seven and half consecutive hours will receive a 30-minute unpaid meal break. The break will be provided after the employee’s first two hours of work and before the employee’s last two hours of work.

Jury Duty

Regular full-time employees will be paid their regular wages for the first five days of required jury duty. Proof of service may be requested. Employees who serve eight (8) or more hours of jury service will not be required to return to work that same day. Otherwise, employees who are released from jury service before the end of their regularly scheduled shift or who are not asked to serve on a jury panel are expected to call their supervisor as soon as possible and return to work if requested.

Victims of Domestic Violence Leave

EDENS will provide Connecticut employees a reasonable leave of absence to:

Seek attention for injuries caused by domestic violence, including for a child victim;
Obtain services, including safety planning from a domestic violence agency or rape crisis center, as a result of domestic violence;
Obtain psychological counseling related to an incident of domestic violence, including for a child victim;
Take other actions to increase safety from future incidents of domestic violence, including temporary or permanent relocation; and
Obtain legal services or participate in legal proceedings in relation to an incident of domestic violence

EDENS may require employees to provide documentary certification within a reasonable time after domestic violence leave that the leave was taken for a permitted reason. Certification must be in the form of:

A police report indicating that the employee or the employee’s child was a victim of domestic violence;
A court order protecting or separating the employee or employee’s child from the perpetrator of an act of domestic violence;
Other evidence from the court or prosecuting attorney that the employee appeared in court; or
Documentation from a medical professional, domestic violence counselor or other health care provider that the employee or the employee’s child was receiving services, counseling or treatment for physical or mental injuries or abuse resulting in victimization from an act of domestic violence

Crime Victim Leave

The Company provides reasonable and necessary unpaid leave to employees who are victims of crime or witnesses to a crime. Leave under this policy is provided so that employees can attend or participate in legal proceedings relating to the crime. Employees requesting leave under this policy should provide as much advanced notice as possible and appropriate supporting documentation if requested.

Voting Leave

With at least two working days’ notice to EDENS, employees may take up to two hours of unpaid leave from their regularly scheduled workday to vote in state elections, on the day of the election. In addition, employees who are electors for special elections for United States senator, representative in Congress, state senator, state representative or judge of probate may take up to two hours of unpaid leave from their regularly scheduled workday on the day of those elections.

Connecticut Family and Medical Leave Act

Eligible employees are able to request up to 12 workweeks of unpaid, job-protected leave (plus an additional two weeks for incapacity during pregnancy) during any 12-month period under the Connecticut Family and Medical Leave Act (CTFMLA). Eligible reasons for leave are as follows:

Birth of a child of the employee;
Placement of a son or daughter with the employee for adoption or foster care;
To care for a family member with a serious health condition;
A serious health condition of the employee;
To serve as an organ or bone marrow donor; or
Any qualifying exigency (as determined in federal regulations) arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty—or has been notified of an impending call or order to active duty—in the armed forces.
Reasons related to family violence.

“Family member” means an employee’s spouse, sibling, son or daughter, grandparent, grandchild or parent, or an individual related to the employee by blood or affinity whose close association the employee shows to be the equivalent of those family relationships.

An eligible employee is an employee who has been employed for at least three months immediately preceding the request for leave by the employer with respect to whom leave is requested.

The 12-month period is to be determined by any one of the following methods:

A calendar year;
Any fixed 12-month period, such as a fiscal year or a 12-month period measured forward from an employee’s first date of employment;
A 12-month period measured forward from an employee’s first day of leave taken under the law; or
A rolling 12-month period measured backward from an employee’s first day of leave taken under the law.

Intermittent Leave

Leave for a serious health condition may be taken intermittently or on a reduced leave schedule when medically necessary. Leave for the birth or placement of a son or daughter may be taken intermittently or on a reduced leave schedule only with the employee and employer’s agreement.

Employers may require employees to transfer temporarily to an available alternative position for which the employee is qualified if the employee requests foreseeable intermittent or reduced-schedule leave based on planned medical treatment for:

A serious health condition; or
Serving as an organ or bone marrow donor.

However, the alternative position must:

Have equivalent pay and benefits; and
Better accommodate recurring periods of leave than the regular employment position of the employee.

Employees should provide at least 30-days advance notice to their employer of the need to take CTFMLA leave if they can. If they are unable to because they do not know they need leave, the employee must provide notice as soon as they can. EDENS may require a medical certification to support a request for leave.

CTFMLA will run concurrently with any other leave or paid time off. No holidays will be paid during CTFMLA and no paid time off will accrue during CTFMLA.

Connecticut Paid Leave

Employees that qualify to take CTFMLA may be eligible for Connecticut Paid Leave (CTPL). Covered employees in Connecticut are eligible for benefits under the CTPL if:

they have earned wages from a covered employer of at least $2,325 in the highest quarter of the first four of the five most recently completed quarters; and
they are either:
- currently employed by a covered employer, or
- have been employed by a covered employer within the last 12 weeks, or
- a self-employed person or a sole proprietor who is a Connecticut resident and has enrolled in the program.

Wages may include salary or hourly pay, vacation pay, holiday pay, tips, commissions, severance pay and the cash value of any “in-kind” payments.

The Connecticut Paid Family and Medical Leave Insurance Authority (Paid Leave Authority) will administer, approve, and pay claims for CTPL. To request paid leave, eligible employees should notify Human Resources and then file a claim online with the Authority. More information about CTPFL and instructions for how to apply are available at https://ctpaidleave.org/.

Lactation Breaks

The Company will provide a reasonable amount of break time to accommodate an employee’s need to express breast milk for the employee’s infant child. The break time should, if possible, be taken concurrently with other break periods already provided.

Social Security Number Privacy and Protection of Personal Information

To ensure, to the extent practicable, the confidentiality of our employees’ Social Security Numbers (SSNs), no employee may acquire, disclose, transfer, or unlawfully use the SSN of any employee, except in accordance with this policy. The release of employee SSNs to external parties is prohibited, except where required by law. Internal access to employee SSNs is restricted to employees with a legitimate business need for the information.

Except where permitted by applicable law, the Company will not:

Publicly display all or more than four (4) sequential digits of an employee’s SSN;
Use all or more than four (4) sequential digits of an employee’s SSN as the primary account number for an individual;
Visibly print all or more than four (4) sequential digits of an employee’s SSN on any identification badge or card;
Require an individual to use or transmit all or more than four (4) sequential digits of their SSN to gain access to an internet web site, or computer system, or network unless the connection is secure, the transmission is encrypted, or a password, or unique PIN is also required to gain access;
Include all or more than four (4) sequential digits of an employee’s SSN in or on any document or information mailed or otherwise sent to an individual if it is visible on or without manipulation from outside the envelope or packaging; or
Include all or more than four (4) sequential digits of an employee’s SSN in any document or information mailed to a person.

Employee SSNs may be collected in the ordinary course of business for the purpose of identity verification or to administer benefits and in accordance with applicable laws. Any documents that include employee SSNs and are to be discarded must be shredded. Violation of this policy will result in disciplinary action, up to and including discharge.

This policy will not be enforced to prevent employees from discussing their wages or other terms of employment with each other or third parties. For more information about this policy, please contact your manager. For more information about this policy contact Human Resources.

Wage Disclosure Protection

The Company does not prohibit an employee from inquiring about, disclosing, comparing or otherwise discussing the employee’s wages or the wages of another employee. The Company does not require nondisclosure of an employee’s wages as a condition of employment and will not require an employee to sign any contract, waiver or document to the contrary.

Further, the Company will not take an adverse action or retaliate against an employee discussing his or her wages or for aiding or encouraging any employee in the exercise of his or her rights. The Company will not prohibit an employee from lodging a complaint or testifying, assisting or participating in an investigation or proceeding related to a violation of this policy.

Nothing in this policy will be construed to permit an employee whose job responsibilities require or allow access to other employees’ wage or salary information from disclosing that information, unless the person is under a legal obligation to furnish the information and/or has obtained written consent from the employee whose information is requested or sought. Additionally, nothing in this policy requires the Company or an employee to disclose their wages in response to an inquiry by another employee.

Volunteer First Responder Leave

The Company provides unpaid leave to employees who serve as volunteer firefighters or members of a volunteer ambulance service to respond to an emergency call received prior to, or during, the employee’s regular hours of work.

To be eligible for leave under this policy, employees must:

Submit to the Company a written statement signed by the chief of the volunteer fire department or the medical director or chief administrator of the ambulance service or company, no later than thirty (30) days after the date on which the employee is certified as a volunteer, notifying the Company of the employee’s status as a volunteer;
Make every effort to notify the Company that they may need to report to work late or be absent from work to respond to an emergency fire or ambulance call prior to or during their regular hours of work;
When necessary, submit to the Company a written statement signed by the chief of the volunteer fire department or the medical director or chief administrator of the volunteer ambulance service or company, providing a reasonable explanation for an employee’s inability to provide prior notification of a late arrival to, or an absence from, work to respond to an emergency fire or ambulance call;
Submit a written statement from the chief of the volunteer fire department or the medical director or chief administrator of the volunteer ambulance service verifying that the employee responded to a fire or ambulance call and specifying the date, time and duration of such response; and
Promptly notify the Company of any change to the employee’s status as a volunteer firefighter or member of a volunteer ambulance service, including, the termination of such status.

Please contact Human Resources for more information about this policy.

Civil Air Patrol Leave

The Company does not discriminate against members of the civil air patrol. Any employee who is a member of the civil air patrol will be provided unpaid leave to:

Respond as a member of the civil air patrol to an emergency declared by the Governor or the President of the United States;
Respond as a member of the civil air patrol to a request for assistance in an emergency, natural disaster or life-threatening event at the request of the United States Air Force or Coast Guard, the Department of Emergency Services and Public Protection, the Division of Emergency Management and Homeland Security within the Department of Emergency Services and Public Protection, the state police or a local police department in the state;
Participate as a member of the civil air patrol in required emergency services training programs and exercises.

As used in this policy, “civil air patrol” means the civilian auxiliary of the United States Air Force.

Please let the Company know if you are a civil air patrol member who may be called to participate in training or to serve in an emergency, natural disaster or life-threatening event, as soon as possible. Employees seeking leave pursuant to this policy must provide as much advance notice as possible. The Company may require written verification supporting the employee’s need for leave.

Our organization prohibits discrimination against individuals based on race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity or expression, marital status, veteran status, or any other protected status under applicable law.

This policy is expanded to include protections for victims of sexual assault and victims of trafficking in persons, in accordance with Connecticut Public Act No. 25-139.

Connecticut Harassment Free Policy

THIS IS NOT A CONTRACT

Appendix D – Delaware State Addendum

This addendum is applicable only to employees working in Delaware and only amends those provisions that are specifically address below.

This addendum is to be read in connection with the EDENS (“Company”) Integrity Pledge. Together, the Integrity Pledge and the Delaware Addendum will provide you with important information about your employment with the Company and serve as a guide to the Company’s current policies, practices, and procedures. Regarding the amended provisions, in the event of any conflict between the Integrity Pledge and this Addendum, this Addendum shall control. Except as set forth herein, the Integrity Pledge is not modified by this Addendum.

If you have questions as you review the Integrity Pledge or the Delaware Addendum, please do not hesitate to discuss your questions with Human Resources.

Equal Employment Opportunity Policy

In addition to the protected statuses listed in the Company Integrity Pledge, and in accordance with Delaware law, the Company is committed to providing equal employment opportunities to all applicants and employees without regard to an individual’s family responsibilities (meaning, the obligation to care for a family member defined under the federal Family and Medical Leave Act), marital status, race (including traits historically associated with race, like hair texture and protective hairstyles such as braids, locks and twists), status as a registered qualifying medical marijuana products patient or THC-containing products patient or designated caregiver, status as a volunteer emergency responder, status as a victim of domestic violence, a sexual offense, or stalking, a decision related to an individual’s reproductive healthcare (i.e., any decision related to the use or intended use of a particular drug, device, or medical service, including the use or intended use of contraception or fertility control or the planned or intended initiation or termination of a pregnancy), or any other protected status in accordance with applicable federal, state, and local law. Please see our legal postings for additional information.

This policy extends to all aspects of our employment practices including, but not limited to, recruiting, hiring, discipline, termination, promotions, transfers, compensation, benefits, training, leaves of absence, and other terms and conditions of employment. Violation of this policy will result in disciplinary action, up to and including immediate termination.

Pregnancy Accommodations

The Company provides reasonable accommodations to employees for disabilities related to pregnancy, childbirth, and related medical conditions, to the extent the accommodation can be made without imposing an undue hardship on the business.

When an employee requests a reasonable accommodation, the Company will engage in an interactive process to explore with the employee the possible means of providing a reasonable accommodation, which may include, but are not limited to:

Acquisition of equipment for sitting;
More frequent or longer breaks;
Periodic rest;
Modifying work hours/schedules;
Assistance with manual labor;
Job restructuring;
Light duty assignments;
Modified work schedules;
Temporary transfers to less strenuous or hazardous work;
Time off to recover from childbirth; or
Break time and appropriate facilities for expressing milk.

The Company will not require the employee to accept an accommodation if the employee does not have a known limitation related to pregnancy or if such accommodation is unnecessary for the employee to perform the essential duties of their position. Likewise, the Company will not require the employee to take leave, if another reasonable accommodation can be provided.

If leave is provided as a reasonable accommodation, such leave may run concurrently with the federal Family and Medical Leave Act and/or any other applicable leave as permitted under federal, state, or local law.

Employees can request an accommodation without fear of reprisal. The Company will not take adverse action against any employee for requesting or using a reasonable accommodation under this policy.

For more information about this policy or to request an accommodation or leave under this policy please contact Human Resources. The Company will provide you with a notice of rights in accordance with this policy within ten (10) days of being notified of a pregnancy, childbirth, or related medical condition.

Accommodations for Victims of Domestic Violence, a Sexual Offense or Stalking

The Company will provide reasonable accommodations to employees who are victims of domestic violence, a sexual offense, or stalking, unless the accommodation would cause an undue hardship to the Company. Depending on the circumstances of the situation, reasonable accommodations may include reasonable changes in the workplace, including but not limited to, reasonable changes in work schedule or duties that would enable the victim of domestic violence, a sexual offense, or stalking to satisfactorily perform their essential duties. Reasonable accommodations may also include allowing the employee to use accrued leave to address the domestic abuse, sexual offense, or stalking.

The Company may require you to provide verification of the need for an accommodation under this policy with an official document from a domestic violence service provider, medical provider, mental health provider, by law enforcement, or by court order.

The Company does not discriminate or retaliate against employees because of their status as a victim of domestic violence, sexual offense, or stalking. If you need to request a reasonable accommodation in connection with your status as a victim of domestic violence, a sexual offense, or stalking, please speak with Human Resources. We will promptly discuss the matter with you, investigate your request, and to the extent possible, attempt to reasonably accommodate you.

Policy Against Unlawful Harassment, Discrimination, and Retaliation

Workplace discrimination, harassment or retaliation based upon an individual’s family responsibilities (meaning, the obligation to care for a family member defined under the federal Family and Medical Leave Act), marital status, race (including traits historically associated with race, like hair texture and protective hairstyles such as braids, locks and twists), status as a registered qualifying medical marijuana products patient or THC-containing products patient or designated caregiver, status as a volunteer emergency responder, status as a victim of domestic violence, a sexual offense, or stalking, a decision related to an individual’s reproductive healthcare, or any other protected status in accordance with applicable federal, state, and local law is unlawful.

Violation of this policy will result in disciplinary action, up to and including immediate termination.

The term “workplace” includes when employees are on Company premises, at a Company-sponsored off-site event, traveling on behalf of the Company, or conducting Company business, regardless of location. This policy extends to social affairs, functions, events, travel, tradeshows and similar gatherings whether on or off Company site(s) at any time.

The Company’s policy against unlawful harassment, discrimination and retaliation applies to all applicants and employees, including supervisors and managers, as well as to all unpaid interns and contractors. The Company prohibits managers, supervisors and employees from harassing co-workers as well as the Company’s customers, vendors, suppliers, independent contractors and others doing business with the Company. Any such harassment will subject an employee to disciplinary action, up to and including immediate termination. The Company likewise prohibits its customers, vendors, suppliers, independent contractors and others doing business with the Company from harassing, discriminating or retaliating against our managers, supervisors and employees.

State law defines sexual harassment to include instances where an employee is subjected to conduct that includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an employee’s employment; (2) submission to or rejection of such conduct is used as the basis for employment decisions affecting an employee; or (3) such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile or offensive working environment.

If you have any questions about what constitutes harassing behavior or what conduct is prohibited by this policy, please discuss the questions with a member of management or one of the contacts listed in this policy.

At a minimum, the term “sexual harassment” includes, but is not limited to:

Unwelcome sexual advances;
Making suggestive or lewd remarks about an individual’s appearance, body, or style of dress;
Visual conduct, such as leering, making sexual gestures, and displaying or posting sexually suggestive objects or images;
Inappropriate or offensive touching, including unwanted hugs, touches, kisses, or brushing up against someone, including blocking movement (regardless of the gender of the individuals involved);
Requests for sexual favors;
Sending suggestive or obscene letters, notes, or invitations;
Displaying derogatory, pornographic, or other sexually suggestive images, cartoons, graffiti or drawings on computers, emails, cell phones, bulletin boards, etc.;
Electronically sending or posting sexually-suggestive text messages, videos, emails or images;
Making sexist remarks or derogatory comments based on gender; or
Other conduct which has the purpose or effect of unreasonably interfering with an individual’s performance or which has the purpose or effect of creating an intimidating, hostile or offensive working environment.

In addition to those examples listed above, further examples of prohibited sexual harassment, include harassment based on gender, transgender, gender identity and sexual orientation. By way of illustration only, and not limitation, some examples of such behavior include:

References concerning an individual’s characteristics such as pitch of voice, facial hair or the size or shape of a person’s body, including remarks regarding an individual’s gender presentation;
Intentionally and repeatedly referring to an individual by a pronoun inconsistent with their gender identity; or
Physical or verbal abuse concerning an individual’s actual sex or the perception of the individual’s sex, gender, gender transition, gender identity, or gender expression.

It is further unlawful to retaliate against any individual for filing a complaint of or cooperating in an investigation of sexual harassment. The Company prohibits retaliation, including threatening an individual or taking any adverse action against an individual for: (1) reporting a possible violation of this policy, or (2) participating in an investigation conducted under this policy.

All members of management are covered by this policy and are prohibited from engaging in any form of harassing, discriminatory, or retaliatory conduct. No member of management has the authority to suggest to any applicant or employee that employment or advancement will be affected by the individual entering into (or refusing to enter into) a personal relationship with any member of management, or for tolerating (or refusing to tolerate) conduct or communication that might violate this policy. Such conduct is a direct violation of this policy.

If you have any concern that our No Harassment policy may have been violated by anyone, you must immediately report the matter. Due to the very serious nature of harassment, discrimination and retaliation, you must report your concerns to (one of) the individual(s) listed below:

First, discuss any concern with Human Resources.

If your concern has not been addressed, you may contact the CEO.

If an employee makes a report to any person listed above and that person either does not respond or does not respond in a manner the employee deems satisfactory or consistent with this policy, the employee is required to report the situation to one of the other persons on the list above to receive complaints.

You should report any actions that you believe may violate our policy no matter how slight the actions may seem.

We will investigate the report and then take prompt, appropriate remedial action. The Company will protect the confidentiality of employees reporting suspected violations to the extent possible consistent with our investigation.

You will not be penalized or retaliated against for reporting improper conduct, harassment, discrimination, retaliation, or other actions that you believe may violate this policy.

We are serious about enforcing our policy against harassment. Persons who violate this or any other Company policy are subject to disciplinary action, up to and including termination. We cannot resolve a potential policy violation unless we know about it. You are responsible for reporting possible policy violations to us so that we can take appropriate actions to address your concerns.

If you are dissatisfied with the resolution of your concern, you may also file a complaint by visiting, writing, or calling the Delaware Department of Labor Office of Anti-Discrimination at (302) 761-8200 or (302) 424-1134 or by visiting https://dia.delawareworks.com/discrimination/. The Department can investigate and assist you in collecting lost wages and other damages if unlawful conduct is found.

Meal Periods

Employees who work seven and one-half (7.5) or more consecutive hours in a day are required to take a thirty (30) minute duty-free meal period, which will be scheduled to occur after the first two (2) hours of work and before the last two (2) hours of work. During their meal period, employees are completely relieved of their job responsibilities. Non-exempt employees must clock in and out for their meal periods or record the beginning and ending time of the meal period on their timesheet every day. Employees may be required to sign a certification providing, among other things, that they have taken all of their daily meal periods during the pertinent pay period.

Volunteer Emergency Responder Leave

The Company provides unpaid leave to eligible employees who serve as volunteer firefighters, members of a lady’s auxiliary of a volunteer fire company, volunteer emergency medical technicians and/or volunteer fire police officers (“volunteer emergency responder”) in order to respond to an emergency call.

Leave under this policy is available to eligible employees for the following purposes:

To respond to a Governor-declared State of Emergency lasting up to seven (7) consecutive days;
To respond to a President-declared National Emergency lasting up to fourteen (14) consecutive days; or
Because of an injury sustained when acting as a volunteer emergency responder including responding to an emergency.

Employees requesting leave under this policy should provide as much advanced notice as possible of their service and continue to make reasonable notification efforts over the course of any absence consistent with the Company’s policies governing absences from work. If advance notice is not possible, the employee must provide a written explanation of the absence due to the emergency from the head of the emergency responder organization or agency.

Within seven (7) days of taking leave under this policy employees should provide the Company with a written statement signed by the individual in charge of the volunteer department stating that the employee responded to an emergency; the date and time of the emergency; and the date and time the employee completed their volunteer emergency activities.

Within five (5) days of taking leave under this policy due to an injury sustained while responding to an emergency, employees should provide a written statement signed by the relevant medical professional that: (1) confirms that the employee was seen by the medical professional; (2) provides the date the employee was seen; and (3) indicates the estimated period of partial or total incapacity resulting from the injury.

The Company does not discriminate or retaliate against any employee for requesting leave in accordance with this policy. For more information regarding leave under this policy, please contact Human Resources.

Alcohol and Drug Policy

Please note that although the state has legalized the medicinal and recreational use of cannabis or THC-containing products, the Company does not permit the medicinal use of cannabis or THC-containing products in the workplace. Use of cannabis or THC-containing products on Company property or while engaged in work-related activities is strictly prohibited and may result in disciplinary action, up to and including immediate termination.

Electronic Monitoring

Any and all telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage by an employee using any Company electronic device or through any Company system may be subject to monitoring by the Company, at any and all times, and by any lawful means.

Employees have no expectation of privacy regarding use of Company equipment or systems, regardless of whether the device is used outside of the physical worksite (e.g., remote work) and regardless of whether employee uses a password on such device. Employee communications and use of Company equipment and systems are not private and may be accessed and monitored at any time.

Personnel Records

Upon written request, an employee may inspect their own personnel records within a reasonable time after the request is made. The request must state the purpose for the inspection or the particular parts of the file the employee wishes to inspect. The file will be available in the office where these records are ordinarily maintained. For more information, contact Human Resources.

Wage Disclosure Protection

The Company does not prohibit an employee from inquiring about, disclosing, comparing, or otherwise discussing the employee’s wages or the wages of another employee. The Company does not require nondisclosure of an employee’s wages as a condition of employment and will not require an employee to sign any contract, waiver, or document to the contrary.

Further, the Company will not take an adverse action or retaliate against an employee discussing their wages or for aiding or encouraging any employee in the exercise of their rights. The Company will not prohibit an employee from lodging a complaint or testifying, assisting, or participating in an investigation or proceeding related to a violation of this policy.

THIS IS NOT A CONTRACT

Appendix E – District of Columbia Addendum

DC EMPLOYEES

Equal Employment Opportunity

Employment decisions will not be based on race, color, religion, national origin, sex (including pregnancy, childbirth, related medical conditions, breastfeeding and reproductive health decisions, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, political affiliation, disability (including physical or mental impairments and those with HIV/AIDS), matriculation, genetic information, credit, status as a victim or family member of a victim of domestic violence, a sexual offense, or stalking, or any other characteristic protected under applicable federal, state or local law.

School Visitation/Parental Leave

A DC employee, who is the parent, aunt, uncle, or grandparent of a child, who has legal custody of a child, who acts as the guardian of a child, or an employee who is married to or in a domestic partnership with any such person, is entitled to a total of 24 hours of unpaid leave during any 12-month period to attend or participate in a school-related event for the employee’s (K-12) child. At least 10 days’ notice is required for school visitation/parental leave. DC employees may use accrued Paid Time Off in lieu of taking unpaid school visitation/parental leave.

Employees seeking to take school visitation/parental leave must request this leave in 10 days in advance, unless the need for such leave was not foreseeable.

Accrued Sick and Safe Leave Act

EDENS standard sick leave policy meets and exceeds the requirements of the DC Accrued Sick and Safe Leave Act. Please refer to the core policy for sick leave information.

Pregnancy Accommodations

Reasonable accommodation will be provided to covered employees so long as it would not result in an undue hardship in the operation of EDENS’s business. Reasonable accommodations may include: more frequent or longer breaks, time off to recover from childbirth, the acquisition or modification of equipment or seating, the temporary transfer to a less strenuous or hazardous position or other job restructuring such as providing light duty or a modified work schedule, having the employee refrain from heavy lifting, relocating the employee’s work area, or providing private non-bathroom space for expressing breast milk.

What will constitute an undue hardship will vary from case to case and depend on the nature of EDENS’s business, its size and its financial resources.

Employees requiring reasonable accommodation should contact Human Resources for assistance.

Paid Family Leave

As required the Universal Paid Leave Amendment Act of 2016 (PFL), our Company provides paid family and medical leave benefits to eligible employees. Family and medical leave benefits provide employees with partial wage replacements when employees are unable to work due to family, medical, pre-natal and/or parental needs. Employees must apply for PFL through the District of Columbia Department of Employment Services (DOES), which approves and issues wage replacement benefits directly to eligible employees. In accordance with the law, PFL benefits are funded by a tax our Company pays on behalf of its employees. Our Company does not discriminate or retaliate against employees for taking or requesting paid benefits in accordance with applicable law. Supervisors and managers are prohibited from discriminating or retaliating against employees for exercising their rights related to paid family leave benefits.

Definitions

As used in this policy, the following definitions apply:

“Covered Employee” means an employee who: (A) spends more than 50% of their work time working for an employer in the District of Columbia; or (B) whose employment for an employer is based in the District of Columbia and who regularly spends a substantial amount of their work time for that employer in the District of Columbia and not more than 50% of their work time in another jurisdiction.
“Family Leave” means leave for the care or companionship of a family member due to the diagnosis or occurrence of a serious health condition.
“Family Member” means a child (biological, adopted, foster, step, legal ward, a son or daughter of a domestic partner, or child to whom the employee stands in loco parentis), parent (biological, adoptive, foster parent, stepparent, parent-in-law, legal guardian of an employee, or the employee’s spouse, or an individual who stood in loco parentisto an employee when the employee was a child), a person to whom an eligible employee is related by domestic partnership or marriage, grandparent, sibling, spouse or state registered domestic partner.
“Medical Leave” means any leave taken by the employee due to the diagnosis or occurrence of the employee’s own serious health condition, including the occurrence of a stillbirth (meaning, loss of a pregnancy at twenty (20) weeks’ gestation or later) or medical care related to a miscarriage (meaning, loss of pregnancy before twenty (20) weeks’ gestation).
“Parental Leave” means any leave due to the birth of a child, the adoption of a child, or the placement of a child with an employee for foster care (including bonding time). Likewise, parental leave includes the placement of a child with an employee for whom the employee legally assumes parental responsibilities. Parental leave must be taken within one (1) year of the occurrence of the qualifying parental leave event.
“Pre-Natal Leave” means leave that an eligible employee who is pregnant may take for pre-natal medical care following a diagnosis of pregnancy by a health care provider and prior to the occurrence of a qualifying parental leave event. Pre-natal medical care includes routine and specialty appointments, exams, and treatments associated with a pregnancy provided by a health care provider, including pre-natal check-ups, ultrasounds, treatment for pregnancy complications, bedrest that is required or prescribed by a health care provider, and pre-natal physical therapy.

Employee Eligibility

Employees are eligible for paid family and medical leave benefits if they have been a Covered Employee during some or all of the fifty-two (52) calendar weeks immediately preceding the qualifying event for which leave is taken.

Eligibility is portable, meaning that it is not dependent on the length of time working for this Company so long as you meet the Covered Employee definition.

Qualifying Events and Benefit Amount

Benefit Amount

Benefits will be paid based on the reason for leave, as follows:

Family Leave– Employees will receive up to twelve (12) weeks of leave per fifty-two (52) workweek period.
Medical Leave– Employees will receive up to twelve (12) weeks of leave per fifty-two (52) workweek period.
Parental Leave– Employees will receive up to twelve (12) weeks of leave per fifty-two (52) workweek period.
Pre-natal Leave– Employees will receive up to two (2) weeks of leave per fifty-two (52) workweek period.

The amount of wage replacement benefits that employees are eligible to receive will depend on the employee’s average weekly earnings, subject to maximum caps set by law. Please contact Our Internal HR Contact for additional information.

Eligible employees cannot receive payment for more than twelve (12) workweeks of paid leave benefits total in any fifty-two (52) workweek period, regardless of the number of qualifying leave events occurring during that period. There is one exception to this maximum total paid leave amount; an eligible employee may file a claim for paid pre-natal leave benefits, in addition to the twelve (12) workweek period above, so long as they do not receive a combination of qualifying pre-natal and medical leave exceeding fourteen (14) weeks of leave benefits.

Eligible employees may receive payment for intermittent leave so long as the total amount of intermittent leave does not exceed the above leave amounts. Benefits for partial weeks of leave will be prorated.

Submitting a Claim

Eligible employees may submit a claim through the District of Columbia Department of Employment Services (DOES), for payment for any period during which they do not perform work because of a qualifying event.

Eligible employees may only receive paid leave benefits retroactively if they submit a claim within thirty (30) days following a qualifying event. However, the thirty (30) day period may be waived if an employee is unable to apply for benefits due to exigent circumstances as defined by law. For more information, please contact Human Resources.

Using Leave

Eligible employees may take leave in a single block of time or intermittently (in separate blocks of time). Employees who require intermittent leave must try to schedule their leave so that it will not unduly disrupt our Company’s operations.

Accrued and unused paid leave provided in accordance with our Company’s established paid leave policies will run concurrently with and supplement PFL benefits. The total amount of PFL and paid leave may not exceed 100% of the employee’s regular pay. To the extent an employee is eligible for FMLA or DC FMLA leave for the same condition triggering PFL leave, the employee must use FMLA/DC FMLA leave and PFL concurrently. Consistent with District of Columbia law, employees who are eligible for both PFL and paid sick and safe leave are permitted to use their sick and safe leave in addition to (instead of concurrently with) PFL.

Notice

Employees who need to use PFL must provide our Company with written notice containing the type of leave requested, the expected duration, the expected start and end dates, and whether leave benefits will be used continuously or intermittently. If the leave is foreseeable, employees must provide written notice at least ten days in advance, or as early as possible, before the start of leave. If the leave is not foreseeable, an oral or written notification must be provided prior to the start of the work shift for which leave is being used. In an emergency, the employee, or another individual on behalf of the eligible individual, must notify our Company, either orally or in writing, within 48 hours of the emergency.

For information on District of Columbia Paid Family Leave, please contact Human Resources.

Jury Duty

EDENS will provide up to 5 days of jury duty at the employee’s usual compensation, less the fee received for jury service, unless the employee: 1) would not otherwise have earned regular wages on that day if not for the jury service; or 2) would not have worked more than 1/2 of a shift that extends into another day if not for the jury service on that day.

Voting Leave

In circumstances where employees’ work schedule does not provide two (2) hours of continuous off-duty time during which the polls are open, our Company will provide a reasonable amount of paid time off, up to two (2) hours, during scheduled work time for employees to vote. Employees who need time off to vote should notify Human Resources prior to election day. Our Company may specify a time during which the polls are open for employees to leave work to vote. Additionally, employees should present a voter’s receipt to their supervisors upon return to work. Our Company will not make deductions from an employee’s salary, wages or accrued leave for time taken under this policy. Nor will our Company retaliate against an employee for taking leave under with this policy.

DC Emancipation Day Holiday

Covered employees may take an unpaid day off from work, on April 16 (DC Emancipation Day). Any employee requesting time off must notify EDENS at least 10 days in advance.

Final Paycheck

For DC EDENS employees who resign, their final paycheck will be paid on the next pay period following last date of employment or within seven business days, whichever is earlier. For DC EDENS employees whose employment is involuntarily terminated, the final paycheck will be available by close of business of the next business day following the notification meeting.

Wage Disclosure Protection

EDENS does not prohibit an employee from inquiring about, disclosing, comparing or otherwise discussing the employee’s wages or the wages of another employee. EDENS does not require nondisclosure of an employee’s wages as a condition of employment and will not require an employee to sign any contract, waiver or document to the contrary.

Further, EDENS will not take an adverse action or retaliate against an employee discussing their wages or for aiding or encouraging any employee in the exercise of their rights. EDENS will not prohibit an employee from lodging a complaint or testifying, assisting or participating in an investigation or proceeding related to a violation of this policy.

Nothing in this policy will be construed to permit an employee whose job responsibilities require or allow access to other employees’ wage or salary information from disclosing that information, unless the person is under a legal obligation to furnish the information and/or has obtained written consent from the employee whose information is requested or sought. Additionally, nothing in this policy requires EDENS or an employee to disclose their wages in response to an inquiry by another employee.

DC Family and Medical Leave (DC FMLA)

EDENS employees are eligible for DC FMLA leave if (1) they work more than 50% of the time within DC, (2) they have been employed by EDENS for 1 year without a break in service (except for regular holiday, sick, or personal leave granted by EDENS), and (3) have worked at least 1,000 hours during the 12 month period immediately preceding the request for leave (hereinafter, “eligible employee”).

DC FMLA Leave Entitlement

In a 24-month employment period, an eligible employee may take up to 16 workweeks of DC FMLA leave for medical leave purposes and may take up to 16 workweeks of DC FMLA leave for family leave purposes, in accordance with the terms of this Policy.

— An eligible employee may take medical leave where he or she becomes unable to perform the functions of his or her position because of a serious health condition.

— An eligible employee may take family leave for the:

— birth of a child of the employee;

— placement of a child with the employee for adoption or foster care;

— placement of a child with the employee, if the employee permanently assumes and discharges parental responsibility for the child; or

— care of an employee’s family member with a serious health condition.

The 24-month period in which an eligible employee may take DC FMLA leave is calculated on a “rolling” basis measured backward from the date the employee first uses such leave. That is, each time an employee takes DC FMLA leave the remaining leave entitlement would be any balance of the 16 workweeks of family leave and the 16 workweeks of medical leave that had not been used during the immediately preceding 24 months.

Family leave for the birth of a child or placement of a child with the employee must conclude within 12 months of the birth or placement.

If two family members are employees of EDENS and both employees have the same or interrelated duties and the absence of both employees would unduly disrupt the conduct of EDENS’s business, EDENS may: (a) limit to 16 workweeks during a 24-month period the aggregate number of family leave workweeks to which the family members are entitled; and (b) limit to 4 workweeks during a 24-month period the aggregate number of family leave workweeks to which the family members are entitled to take simultaneously. *This limitation shall apply only if the family members seek to take leave for the same underlying reason (e.g., to care for the same family member or due to the birth of the same child).

Intermittent or Reduced Schedule DC FMLA Leave

An eligible employee may take intermittent (in blocks of time) or reduced schedule DC FMLA leave under the following circumstances:

— for an employee’s planned and/or unanticipated medical treatment or recovery when medically necessary; or

— caring for a family member with a serious health condition when medically necessary.

For intermittent or reduced schedule leave, leave shall be counted based on the proportion of a normal workweek that the employee misses for DC FMLA leave purposes.

The Company may designate leave on an hourly basis.

Employees who require intermittent or reduced schedule leave for a planned medical treatment should make a reasonable effort to schedule their leave to minimize disruption of their department’s operations.

The Process for Requesting DC FMLA Leave

Where the need for DC FMLA leave is foreseeable, the employee shall inform the Operations Manager and his or her supervisor of the need for leave at least 30 days before the leave is scheduled to begin, where practicable. Where the need for leave is unforeseeable, the employee shall inform the Operations Manager and his or her supervisor as soon as practicable.
When an employee requests DC FMLA leave, or when EDENS acquires knowledge that an employee’s leave may be for a DC FMLA-qualifying reason, the employee shall be notified within 5 days of the request whether he or she is eligible for DC FMLA leave in the form of an eligibility letter.
The employee may be required to submit a medical certification within 30 days of the issuance of the eligibility letter, where practicable, if the employee seeks to take medical leave or leave related to a family member’s serious health condition. The employee also may be required to support a claim for family leave by submitting a signed affidavit stating that the employee is, in fact, the person who will be taking care of the specific family member with the serious health condition.
If EDENS believes that the employee’s medical certification does not provide the information required under the DC FMLA, the employee may be notified, in writing, of the missing or deficient information within 5 days of EDENS’s receipt of the medical certification. The employee shall then have 10 days to correct the certification, where practicable. the organization may require that the employee obtain a second medical opinion if EDENS doubts the validity of the certification, or obtain a third medical opinion if the first and second opinions differ.
Once EDENS receives a medical certification in accordance with applicable law from an employee, it will be responsible for designating leave as DC FMLA-qualifying, and for providing notice of the designation to the employee, in writing, within 5 business days of receiving the medical certification, unless there are extenuating circumstances. If family or medical leave taken by an employee qualifies as DC FMLA leave, EDENS may designate the leave as DC FMLA leave, regardless of whether the employee requested to have the leave designated.
The employee may be required to obtain subsequent re-certifications if: (a) the employee requests an extension of leave or a different type or frequency of leave, beyond what the employee requested in his or her initial certification or request for DC FMLA leave; (b) EDENS obtains new information which causes it to doubt the validity of the employee’s stated reason for the leave or the continuing validity of the certification; or (c) more than six months has passed since the employee previously submitted a certification for the leave.

Benefits

An employee who takes family or medical leave under this Policy shall not lose any employment benefit or seniority accrued before the date on which the family or medical leave commenced.

Group health benefit coverage will be maintained on the same basis as coverage would have been provided had the employee been continuously employed during the DC FMLA leave period.

Any share of group health plan premiums which had been paid by the employee prior to DC FMLA leave must continue to be paid by the employee during the leave period.

If the employee’s premium payment obligations under the applicable plan are not covered by the employee’s paycheck, the employee must provide EDENS with a check or money order in the appropriate amount.

Alternative Employment

Upon the mutual agreement of EDENS and the employee, an employee with a serious health condition may undertake alternative employment with EDENS throughout the duration of his or her serious health condition. A period of alternative employment shall not be considered use of medical leave under the DC FMLA and shall not cause a reduction in the amount of leave to which the employee is entitled under this Policy. When the employee who agreed to alternative employment is able to perform the functions of the employee’s original position, the employee shall be restored to the original position in accordance with the terms of this Policy.

Job Restoration

Upon return from DC FMLA leave:

(a) the employee shall be restored to the position of employment held by the employee when the leave commenced; or

(b) if the position held by the employee when the leave commenced is no longer available, the employee shall be restored to a position of employment equivalent to the position held by the employee when the leave commenced. The position shall include equivalent employment benefits, pay, seniority, and other terms and conditions of employment.

the organization may deny restoration of employment to a salaried employee if the employee is among the highest paid 10% of employees and if EDENS:

(a) demonstrates that denial of restoration of employment is necessary to prevent substantial and grievous economic injury to EDENS’s operations and the injury is not directly related to the leave that the employee took pursuant to this Policy;

-and-

(b) notifies the employee of the intent to deny restoration of employment and the basis for the decision at the time it provides the eligibility letter to the employee following the employee’s request for leave.

Section (2)(a) shall not apply if: (a) EDENS is under a contract to provide work or services and the absence of the employee prohibits it from completing the contract in accordance with the terms of the contract; (b) failure to complete the contract will cause substantial and grievous economic injury to EDENS; and (c) after EDENS made reasonable attempts, EDENS failed to find a temporary replacement for the employee.

Other EDENS Leave

Paid Leave (Vacation/Sick/PFL). Where DC FMLA leave runs concurrently with FMLA leave DC PFL or any other paid leave, EDENS also will require that accrued but unused paid leave run concurrently, in accordance with EDENS’s Federal FMLA Policy and Procedure. In all other instances, should an employee wish to use paid medical, sick, vacation, personal, or compensatory leave which the employee has accrued, the employee may use such paid leave, provided that it otherwise meets EDENS’s requirements for the taking of such paid leave. Any paid medical, sick, vacation, personal, or compensatory leave provided by EDENS that the employee elects to use for medical and family leave under this Policy shall count against the workweeks of allowable medical and family leave provided by the DC FMLA.

Additional Options. If the employee is unable to return to work upon the exhaustion of his or her DC FMLA leave, the employee may take or continue to take any other leave for which the employee is eligible under any other applicable laws or EDENS policies; pursue disability options; or seek an accommodation, as appropriate. At no point shall any continued leave be counted as DC FMLA leave unless and until the employee again satisfies the respective eligibility requirements.

Nothing in this Policy shall supersede any provision of law or employment benefit program that provides greater employee family or medical leave rights than the family or medical rights established under this Policy.

Definitions

*All definitions set forth in this section are to be read in accordance with the DC FMLA and applicable regulations.

Child — (a) a person under 21 years of age; (b) a person, regardless of age, who is substantially dependent upon the employee by reason of physical or mental disability; and (c) a person who is under 23 years of age who is a full-time student at an accredited college or university.

Committed relationship — a domestic partnership, as defined under applicable law, or a familial relationship between two individuals demonstrated by such factors as, but not limited to, mutual economic interdependence, including joint bank accounts, joint tenancy, shared lease, and joint and mutual financial obligations such as loans; domestic interdependence, including close association, public presentment of the relationship, and exclusiveness of the relationship; length of the relationship; and the intent of the relationship, as evidenced by a will or life insurance.

Family member — (a) a person related by blood, legal custody, or marriage; (b) a foster child; (c) a child who lives with an eligible employee and for whom the eligible employee permanently assumes and discharges parental responsibility; or (d) a person with whom the eligible employee shares or has shared, within the last year, a mutual residence and with whom the eligible employee maintains a committed relationship.

Health care provider — a person licensed under federal, state, or DC law to provide healthcare services.

Serious Health Condition — means a physical or mental illness, injury, or impairment that involves:

(I) inpatient care in a hospital, hospice, or residential health care facility for the duration of one overnight or longer, or any subsequent treatment in connection with such inpatient care, or

(II) continuing treatment or supervision at home by a health care provider or other competent individual. Continuing treatment by a health care provider includes any one or more of the following:

(a) A period of incapacity of more than three consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition that also involves:

(1) Treatment two or more times within 30 days of the first day of incapacity, unless extenuating circumstances exist, by a health care provider (or agent thereof as defined by the DC FMLA);

(2) Treatment by a health care provider on at least one occasion, which results in a regimen of continuing treatment under the supervision of the health care provider.

(b) Any period of incapacity due to pregnancy, or for prenatal care;

(c) Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:

(1) Requires periodic visits (defined as at least twice a year) for treatment by a health care provider or (or agent thereof as defined by the DC FMLA);

(2) Continues over an extended period of time; and

(3) May cause episodic rather than a continuing period of incapacity;

(d) A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. Examples include Alzheimer’s, a severe stroke, or the terminal stages of a disease; or

(e) Any period of absence to receive multiple treatments (including any period of recovery from the treatments) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, for:

(1) Restorative surgery after an accident or other injury; or

(2) A condition that would likely result in a period of incapacity of more than three consecutive, full calendar days in the absence of medical intervention or treatment, such as cancer (such as chemotherapy and radiation), severe arthritis (physical therapy), or kidney disease (dialysis).

*Treatment does not include routine physical examinations, eye examinations, or dental examinations. A regimen of continuing treatment such as the taking of over-the-counter medications, bed rest, or similar activities that can be initiated without a visit to a health care provider is not, by itself, sufficient to constitute continuing treatment for purposes of DC FMLA leave.

** Conditions for which cosmetic treatments are administered, such as most treatments for acne or plastic surgery, are not “serious health conditions” within this definition unless they render the recipient of such treatment incapacitated or unless complications develop.

Reasonable Accommodations for Victims or Family Members of Victims of Domestic Violence, Sexual Offenses, or Stalking

EDENS provides reasonable accommodations to employees who are victims or family members of victims of domestic violence, sexual offenses, or stalking as those terms are defined under applicable law, when such reasonable accommodations are required to ensure the employee’s security and safety, unless doing so creates an undue hardship for our Company. For purposes of this policy, “Family Member” includes a spouse or domestic partner, parent of a spouse or domestic partner, children (including foster and grandchildren and children who live with an individual and for whom the individual permanently assumes and discharges parental responsibilities), spouses of children, parents, siblings and spouses of siblings, and other persons with whom an individual shares a residence, and has done so for the preceding 12 months, and with whom the individual maintains a committed relationship.

Reasonable accommodations under this policy may include:

transfer or reassignment of job duties or position;
modified schedule or leave;
changed work station, telephone number, email address;
lock installation
assistance with documenting an incident of domestic violence, sexual offense, or stalking that occurred in the workplace; or
implementation of another safety procedure in response to an actual or threatened incident of domestic violence, sexual offense, or stalking.

Additionally, discrimination or retaliation against an employee based on any of the following is prohibited:

an employee attending, participating in, or preparing for (or requested leave to attend, participate in, or prepare for) a criminal, civil, or administrative proceeding related to an incident of domestic violence, sexual offense, or stalking;
an employee seeking physical or medical health treatment or counseling related to an incident of domestic violence, sexual offense, or stalking; or
an individual causing a disruption at the workplace or making a threat related to an incident of domestic violence, sexual offense, or stalking to an employee while the employee is at work or engaged in work-related activities.

Our Company will take all reasonable steps to maintain confidential an employee’s status as a victim or a family member of a victim of domestic violence, sexual offense, or stalking, including any related information that such employee provides to Human Resources or a member of management.

Our Company prohibits interference with any rights under this policy or retaliation against an employee for requesting an accommodation or taking time off under this policy. For more information regarding this policy or to report any concerns or issues regarding this policy, employees should contact Human Resources.

DC Office Parking

We encourage our employees to use public transportation, carpooling or other sustainable options. The Noma Metro stop is about a 10 minute walk to our office. If driving is your preferred method of transportation, there is public parking available around Union Market that is available on a first come, first served basis. We offer our DC employees up to $125 per month for qualified transportation expenses such as bus, metro or ridesharing, through the DC Transportation Commuter Benefit. Parking is not provided or paid for by EDENS for our DC employees.

THIS IS NOT A CONTRACT

Appendix F – Florida State Addendum

FLORIDA EMPLOYEES

Equal Employment

EDENS will not discriminate based on factors such as race including traits associated with race, including hair texture, Afro styles and protective hairstyles like braids, twists and locks), color, religion, sex, pregnancy, national origin, age, disability (“handicap”), marital status, AIDS/HIV, and sickle cell trait, or any other protected class under federal, state, or local law.

Jury Duty

Jury duty is unpaid unless otherwise required by local law.

Domestic Violence and Sexual Violence Victim Leave

EDENS provides unpaid, job-protected leave of up to three (3) working days in any twelve (12) month period, unless a different amount of leave is required under applicable county or city ordinances, to eligible employees who are victims of domestic violence or sexual violence or have a family or household member who is a victim of domestic or sexual violence. Employees must have been employed with EDENS for at least three (3) months to be eligible for this leave.

Leave under this policy may be requested for the following:

1) Seeking a court ordered-injunction for protection against domestic violence, or an injunction for protection in cases of repeat violence, dating violence, or sexual violence;

2) Obtaining medical care or mental health counseling, or both, for the employee or a family or household member to address physical or psychological injuries resulting from the act of domestic violence;

3) Obtaining services from a victim-services organization, including but not limited to, a domestic violence shelter or program or rape crisis center as a result of the act of domestic violence or sexual violence;

4) Making the employee’s home secure from the perpetrator of the domestic violence or sexual violence or to seek new housing to escape the perpetrator; or

5) Seeking legal assistance in addressing issues arising from the act of domestic violence or sexual violence or to attend and prepare for court-related proceedings arising from the act of domestic violence or sexual violence.

For purposes of this policy, an employee’s “family or household member” means spouse, former spouses, persons related by blood or marriage to employee, persons who are presently residing with employee as if a family or who have resided with employee in the past as if a family, and persons who are parents of a child in common with employee regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided with employee in the same single dwelling unit.

When seeking domestic violence or sexual violence leave, employees must provide EDENS with appropriate advance notice of the need for leave except in cases of imminent danger to the health or safety of employee or employee’s family or household member. When advance notice is not possible, employees are expected to provide notice as soon as practicable. Employees must also provide documentation, if requested by EDENS, establishing the need for leave under this policy. Depending on the specific purpose of the leave request, employees may choose, or EDENS may require employees, to use accrued paid or unpaid leave (such as FMLA, personal leave, sick leave, or vacation) concurrently with some or all of the leave taken under this policy.

Employees who make a bona fide request for leave pursuant to this policy will not be unlawfully retaliated against for exercising his or her rights under this policy. However, employees remain subject to EDENS’ other policies and procedures.

THIS IS NOT A CONTRACT

Appendix G – Georgia State Addendum

GEORGIA EMPLOYEES

Fair Employment Practices

EDENS prohibits discrimination based upon race, color, creed, religion, sex, marital status, parental status, familial status, national origin, age, disability, sexual orientation, and gender identity or any other status protected by applicable federal, state, or local law.

Jury Leave

EDENS will not discharge, discipline, or otherwise penalize an employee because the employee is absent for the purposes of attending a judicial proceeding in response to a subpoena, summons for jury duty, or other court order and eligible exempt employees will be paid their salary while missing work to serve on jury duty. Employees are expected to provide reasonable notification of their expected absence to attend jury proceedings.

Voting Leave

Eligible EDENS employees will have time off to vote as follows:

Up to 2 hours of leave to vote unless an employee at least 2 consecutive hours either before or after the shift when the polls are open.
EDENS may specify the time during which an employee may take leave to vote.
Employees must provide reasonable notice to their supervisor of their intention to take time off to vote.

Lactation Breaks

EDENS will provide reasonable paid break time each day to an employee who needs to express breast milk for her infant child.

EDENS will make reasonable efforts to provide a room or other location (in close proximity to the work area), other than a toilet stall, where the employee can express her milk in privacy.

The break time will, if possible, run concurrently (at the same time) with any break time already provided to the employee.

THIS IS NOT A CONTRACT

Appendix H – Massachusetts State Addendum

MASSACHUSETTS EMPLOYEES

Equal Employment Opportunity

EDENS will not discriminate in pay based on gender, perceived gender, or gender identity or any other protected class under federal, state, or local law.

Meal and Rest Breaks

EDENS will provide a thirty-minute unpaid meal break for non-exempt employees during each work day of more than six hours. Employees who work more than twelve (12) hours in a workday are provided with a second 30-minute meal period.

For the purposes of this policy, a shift is the entire amount of time an employee is scheduled to be at work, inclusive of breaks. Employees working a shift that is less than four (4) hours are not guaranteed a break.

Employees will be provided breaks as follows:

A shift lasting 6 hours to 8.5 hours – unpaid thirty (30) minute meal break.
A shift lasting over 8.5 hours –unpaid thirty (30) minute meal break.

Unpaid meal breaks are the employee’s free time and excluded from working time, unless the employee requests and is given permission to work during that break. If a non-exempt employee is given permission to work during a meal break, the non-exempt employee will be paid for that time.

Sick Leave

EDENS standard sick leave policy meets and exceeds the requirements of Massachusetts Sick Leave. Please refer to the core policy for sick leave information.

Paid Family and Medical Leave

Massachusetts law entitles eligible employees to certain paid family and medical leave. Consistent with the law, the Company has established the following policy to inform employees of their rights and obligations. This policy is a summary and may not include every detail about the law. If you have any questions, please consult Camelia Stepanov.

Explanation of Benefits

Eligible employees may have access to the following benefits:

up to twelve (12) weeks of paid family leave in a benefit year for the birth, adoption, or foster care placement of a child, or because of a qualifying exigency arising out of the fact that a family member is on active duty or has been notified of an impending call to active duty in the Armed Forces;
up to twenty (20) weeks of paid medical leave in a benefit year if they have a serious health condition that incapacitates them from work;
up to twenty-six (26) weeks of paid family leave in a benefit year to care for a family member who is a covered service member undergoing medical treatment, or to otherwise address the consequences of a serious health condition relating to the family member’s military service;
up to twelve (12) weeks of paid family leave in a benefit year to care for a family member with a serious health condition.

Eligible employees may be entitled to up to twenty-six (26) total weeks, in the aggregate, of paid family and medical leave in a single benefit year. An eligible employee’s weekly benefit amount will be based on the employee’s earnings, with a maximum benefit as determined by the Department of Family and Medical Leave each October.

For details regarding employee eligibility, please review consult the Department’s website at www.mass.gov/DFML and/or speak with Human Resources.

Job Protection, Continuation of Health Insurance, No Retaliation

Generally, an employee who has taken family or medical leave under the law will be restored to his or her previous position or to an equivalent position, with the same status, pay, employment benefits, length-of-service credit, and seniority as of the date of leave.

The Company will continue to provide for and contribute to the employee’s employment-related health insurance benefits, if any, at the level and under the condition’s coverage would have been provided if the employee had continued working continuously for the duration of such leave. Employees will be required to remit their portion of any employment-related health insurance benefits in accordance with Company policy.

The Company will not discriminate or retaliate against an employee for exercising any right to which he or she is entitled under the paid family and medical leave law.

Employer/Employee Contributions

The notice for this program can be found here.

The Company remits required contributions to the Department of Family and Medical Leave (“DFML”) Employment Security Trust Fund by deducting payroll contributions from a covered employee’s wages or other earnings.

The Company will continue to deduct payroll contributions from a covered employee’s wages or other earnings for purposes of contributing those contributions to the Department of Paid Family Medical Leave (“DFML”) for all employees.

How to File a Claim

Employees must file claims for paid family and medical leave benefits with the DFML using the Department’s forms. The Massachusetts Department of Family and Medical Leave is located at:

The Charles F. Hurley Building
19 Staniford Street, 1st Floor
Boston, MA 02114
617-626-6565

Forms and claim instructions are available on the Department’s website: https://paidleave.mass.gov/.

Employees are required to provide at least thirty (30) days’ notice to the Company of the anticipated starting date of any leave, the anticipated length of the leave, and the expected date of return. An employee who is unable to provide thirty (30) days’ notice due to circumstances beyond his or her control is required to provide notice as soon as practicable.

Payment for Concurrent Leave

Any paid leave provided under a collective bargaining agreement or Company policy and paid at the same or higher rate than paid leave available under the Massachusetts Paid Family and Medical Leave Law shall count against the allotment of leave benefits available under the Massachusetts Paid Family and Medical Leave Law.

For more detailed information on this policy, please consult the Department’s website at www.mass.gov/DFML or speak with Human Resources.

MA Parental Leave

EDENS MA employees may receive up to 8 weeks of unpaid leave for the the birth of a child to the employee or employee’s spouse; the placement of a child under the age of 18 (or under the age of 23 if the child is mentally or physically disabled) for adoption. Both women and men are eligible for Parental Leave who have completed an initial probationary period set by the terms of employment, but which is not greater than 3 months.

Employees must provide at least 2 weeks’ notice of the anticipated date of departure, stating the intention to return. However, the law permits employees to provide notice as soon as practicable if the delay is for reasons beyond the employee’s control.

If two employees give birth to or adopt the same child, the two employees are entitled to an aggregate of 8 weeks of leave.

Employees may elect to use accrued paid leave (such as accrued PTO), if available, for some or all of your otherwise unpaid Parental Leave. Any income received through sick leave, PTO or disability payments will run concurrently with your Parental Leave. Use of paid time off benefits will not extend the total time available for Parental Leave beyond 8 weeks.

If you receive group insurance benefits, they will continue during the leave provided you continue to pay your share of the premium, if applicable.

School Activities and Small Necessities (Parental) Leave

Employees who work in a Massachusetts location and are eligible for leave under the Company’s FMLA policy, as detailed in the Company’s Employee Handbook, may also be eligible for unpaid leave for certain family obligations in accordance with Massachusetts law. To be eligible, the employee must have been employed at least one year and must have worked at least 1,250 hours in the twelve (12) months preceding the leave. If eligible, the employee may take up to twenty-four (24) hours of leave in a twelve (12)-month period for any of the following reasons:

To participate in school activities directly related to the educational advancement of a son or daughter of the employee, such as parent-teacher conferences or interviewing for a new school;
To accompany the son or daughter of the employee to routine medical or dental appointments, such as check-ups or vaccinations; and
To accompany an elderly relative of the employee to routine medical or dental appointments or appointments for other professional services related to the elder’s care, such as interviewing at nursing or group homes.

A “school” means a public or private elementary or secondary school, a Head Start program, or a children’s day care facility licensed under Massachusetts law. An “elderly relative” means an individual of at least sixty (60) years of age who is related by blood or marriage to the employee, including a parent.

If the necessity for leave is foreseeable, the employee must provide the Company with not less than seven (7) days’ notice before the date of the leave requested. If the necessity for leave is not foreseeable, the employee must provide such notice as is practicable. Employees will be required to support the leave request with an appropriate certification.

An eligible employee may elect, or the Company may require, the use of any accrued paid leave during the leave taken under this policy. Paid sick leave or paid medical leave is not available under this policy except for situations in which the Company would normally provide such paid leave.

Leave under this policy is generally subject to all the provisions of our Family and Medical Leave Policy. If you have any questions regarding this leave of absence, please contact Human Resources.

Jury Duty Leave

EDENS will pay regular employees their regular wages for the first three (3) days, or part thereof, of juror service. Regular employees include part-time, temporary, and casual employees as long as the hours of the employee may reasonably be determined by a schedule or by custom and practice established during the three-month period preceding the term of juror service.

EDENS will not discharge, penalize, deny benefits to, harass, threaten, or coerce an employee because the employee has received and/or responds to a juror summons or performs any obligation related of juror service. An employer may not impose compulsory work assignments upon any employee or do any other intentional act which substantially interferes with the availability, effectiveness, attentiveness, or peace of mind of the employee during the performance of his or her juror service.

Voting Leave

EDENS provides up to two hours of unpaid time off to employees who are scheduled to work during the first two hours after polls are opened where the employee is entitled to vote. To be eligible for time off under this policy, employees must notify their supervisors in advance.

Time Off for Veterans on Memorial Day and Veterans Day

Veterans are entitled to unpaid time off to observe Veterans or Memorial Day. Any veteran who would like to request these days off should discuss with their supervisor at least 10 days in advance of the time off request.

Emergency Response Leave

EDENS provides reasonable and necessary unpaid leave to employees who are volunteer firefighters or emergency medical technicians, as defined by state law, when such employees are late for or absent from work due to responding to an emergency. For purposes of this policy, “responding to an emergency” means responding to, working at the scene of, or returning from a fire, rescue, emergency medical service call, hazardous materials incident or a natural or man-made disaster in the good faith belief that such action is necessary to prevent the imminent loss of life or property.

Employees requesting leave under this policy are expected to notify Human Resources of the need for leave as soon as reasonably possible.

Employees taking leave under this policy are expected to return to work as soon as they are released from their volunteer duties.

Upon return from leave, employees must provide Human Resources with a statement from the chief of the volunteer fire department or ambulance department stating the time the employee responded to, and was released from, the emergency call.

For more information regarding this leave, please contact Human Resources.

Payment and Notice upon Separation from Employment

When EDENS discharges or lays off an employee, they will pay the employee all wages due on the day of the discharge. EDENS will also supply the required written separation notice at the time of discharge.

When an employee quits or resigns with notice, EDENS will pay the employee all wages due by the next regular payday.

Earned but unused PTO is considered compensation and will be paid on the final paycheck for all departing employees.

Pregnancy Accommodations

All EDENS employees have the right to be free from discrimination in relation to pregnancy or a condition related to pregnancy including, but not limited to, lactation, or the need to express breast milk for a nursing child, including the right to reasonable accommodations for conditions related to pregnancy.

Reasonable accommodations include more frequent breaks to eat, drink or use the bathroom, time off to recover from childbirth, modification of equipment, seating, a temporary transfer to an easier role, limits on lifting heavy objects, a private space for nursing or a modified work schedule.

Protection Against False Claims

EDENS will not make, adopt, or enforce any rule, regulation or policy preventing an employee from disclosing information to a government or law enforcement agency or from acting to further a false claims action; and will not retaliate against an employee for lawfully disclosing information to a government or law enforcement agency or for furthering a false claims action.

Massachusetts Harassment Free Policy

THIS IS NOT A CONTRACT

Appendix I – New Jersey State Addendum

NEW JERSEY EMPLOYEES

Equal Employment Opportunity

Employment decisions at EDENS will not be based on race (including traits historically associated with race, such as hair texture, hair type, and protective hairstyles including braids, locks, and twists), color, national origin, nationality, ancestry, religion, sex (including pregnancy, childbirth, and related medical conditions), need or desire to breastfeed or express milk, disability: past or present physical or mental, age, genetic information, marital status (includes civil union or domestic partnership status), sexual orientation (includes affectional orientation and perceived sexual orientation), AIDS/HIV, atypical hereditary cellular or blood trait, military service, accompanied by service or guide dog, gender identity, unemployed status, refusal to submit to genetic testing, or any other status protected by applicable federal, state, or local law.

Sick and Safe Leave

EDENS standard sick leave policy meets and exceeds the requirements of New Jersey Sick Leave. Please refer to the core policy for sick leave information.

Up to 40 hours will roll over at the end of each calendar year but the total accrual of sick time may be capped at 40 hours.

Bone Marrow or Organ Donor Temporary Disability Leave

EDENS will reinstate employees who received New Jersey Temporary Disability Benefits as a result of donating an organ or bone marrow to their former position or an equivalent position of similar seniority, status, employment benefits, pay, and other terms and conditions upon return from State Temporary Disability leave.

New Jersey Family Leave Act Policy

EDENS provides leave to eligible employees pursuant to the New Jersey Family Leave Act (“NJFLA”). Under the NJFLA, eligible employees may take unpaid, job-protected leave for certain specified reasons. The maximum amount of leave an eligible employee may take is twelve (12) weeks within a twenty-four (24) month period depending on the reasons for the leave.

Employee Eligibility

To be eligible for NJFLA leave, employees must have been employed with EDENS for at least twelve (12) months and must have worked at least 1,000 hours for the Company over the preceding twelve (12) months.

Conditions Triggering Leave

NJFLA leave may be taken for the following reasons:

birth of a child, or to care for a newly-born child, including a child conceived through a gestational carrier agreement;
placement of a child with the employee for adoption or foster care;
to care for a family member with a serious health condition; or
in the event of a state of emergency declared by the Governor of New Jersey, or when indicated to be needed by the Commissioner of Health or other public health authority, an epidemic of a communicable disease, a known or suspected exposure to the communicable disease, or efforts to prevent spread of a communicable disease, which:

requires in-home care or treatment of a child due to the closure of the school or place of care of the child of the employee, by order of a public official due to the epidemic or other public health emergency;
prompts the issuance by a public health authority of a determination, including by mandatory quarantine, requiring or imposing responsive or prophylactic measures as a result of illness caused by an epidemic of a communicable disease or known or suspected exposure to the communicable disease because the presence in the community of a family member in need of care by the employee would jeopardize the health of others; or
results in the recommendation of a healthcare provider or public health authority that a family member in need of care by the employee voluntarily undergo self-quarantine as a result of suspected exposure to a communicable disease because the presence in the community of that family member in need of care by the employee would jeopardize the health of others.

The maximum amount of leave that may be taken in a twenty-four (24) month period for all reasons combined is twelve (12) weeks. NJFLA will run concurrently with other leave policies, including FMLA, when the leave is covered by NJFLA and other leave policies.

Definitions

“Family member” means the employee’s child, parent, parent-in-law, sibling, grandparent, grandchild, spouse, domestic partner or one partner in a civil union couple, or any other individual related by blood to the employee, and any other individual that the employee shows to have a close association with the employee which is the equivalent of a family relationship.

“Care” means physical care, emotional support, visitation, assistance with treatment, transportation, arranging for a change in care, assistance with essential daily living issues, and personal attendant services.

A “serious health condition” is an illness, injury, impairment or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three (3) consecutive calendar days combined with at least two (2) visits to a health care provider or one (1) visit and a regimen of continuing treatment; incapacity due to pregnancy or a chronic condition; or absences due to multiple treatments. Other conditions may meet the definition of continuing treatment.

“Health care provider” is a duly licensed health care provider or other health care provider deemed appropriate by the director of the Division on Civil Rights.

“Intermittent leave” means leave due to a single qualifying reason (the serious health condition of a specific family member or the birth or placement for adoption of a child), taken in separate periods of time, where each period of leave is at least one workweek. When Intermittent Leave is taken, the Company may require the employee to transfer to an alternative position having the equivalent pay and benefits for which the employee is qualified, and which better accommodates recurring periods of leave than does the employee’s regular position.

“Reduced leave schedule” means leave due to a single qualifying reason (the serious health condition of a specific family member or the birth or placement for adoption of a child), that is scheduled for fewer than an employee’s usual number of hours worked per workweek, but not for fewer than an employee’s usual number of hours worked per workday, unless agreed to by the employee and the Company.

Identifying the 24-Month Period

The Company measures the twenty-four (24) month period in which leave is taken by the “rolling” twenty-four (24) month method, measured backward from the date of any NJFLA leave.

Using Leave

Eligible employees may take leave under this policy in a single block of time, intermittently (in separate blocks of time), or by reducing the normal work schedule when medically necessary for the serious health condition of the employee or immediate family member. The maximum amount of leave that may be taken in a twenty-four (24) month period for all reasons combined is twelve (12) weeks. Employees who require intermittent or reduced-schedule leave must try to schedule their leave so that it will not unduly disrupt the Company’s operations. Intermittent and reduced leave is permitted at the same intervals as provided in the Company’s paid leave policies. Reduced leave must be scheduled for a period not to exceed twelve (12) consecutive months. Leave for the birth or placement of a child for adoption or foster care must be concluded within twelve (12) months of the birth or placement. Epidemic-related leave may be taken intermittently if the employee provides the Company with prior notice of the leave as soon as practicable and the employee makes a reasonable effort to schedule the leave so as not to unduly disrupt the Company’s operations.

Concurrent Use of Other Leave Policies

Depending on the purpose, NJFLA leave may run concurrently with the federal Family and Medical Leave Act (FMLA), as explained in the Employee Handbook, and/or any other leave where permitted by state and federal law. Additionally, employees taking leave under this policy may choose to use (or, unless the employee is eligible for New Jersey Family Leave Insurance benefits, the Company may require employees to use) accrued vacation concurrently with some or all of the leave taken under this policy. To substitute accrued vacation leave for NJFLA leave, employees should comply with the Company’s normal procedures for the applicable vacation policy (e.g., call-in procedures, advance notice, etc.).

Maintenance of Health Benefits

If employees and/or their families participate in the Company’s group health plan, the Company will maintain coverage during their leave on the same terms as if the employee had continued to work. If applicable, employees must make arrangements to pay their share of health plan premiums while on leave. The Company will notify employees of their options to continue to participate in our group health plans during NJFLA leave.

Notice and Medical Certification

Employees should provide notice to the Director of Human Resources of an employee’s need for leave as soon as possible. In the case of a leave in connection with the serious health condition of a family member or intermittent bonding leave, an employee must provide notice no later than (15) days prior to the leave, except where emergent or unforeseen circumstances warrant shorter notice. Thirty (30) days advance notice must be provided for continuous bonding leave. Employees may be required to provide an appropriate health care certification in support of their request for leave under this policy.

If you fail to provide the required documentation, the Company may delay the start of your leave, withdraw any designation of NJFLA leave, or deny the leave, in which case your absences will be treated in accordance with the Company’s standard leave of absence and attendance policies and you may be subject to discipline up to and including termination of employment. If you provide false or misleading information or omit material information about a NJFLA leave, you will be subject to discipline up to and including immediate termination of employment.

Job Restoration

Upon returning from NJFLA leave, eligible employees will typically be restored to their original job or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions.

Retaliation Prohibited

The Company and the NJFLA prohibit:

Interference with, restraint of, or denial of any right provided under the NJFLA.
Discharge or discrimination against any person for opposing any practice made unlawful by the NJFLA or for involvement in any proceeding under or relating to the NJFLA.

The Company encourages employees to bring any concerns or complaints about retaliation or compliance with the NJFLA to the attention of management.

Limited Nature of This Policy

This Policy should not be construed to confer any express or implied contractual relationship or rights to any employee not expressly provided for by NJFLA. The Company reserves the right to modify this or any other policy as necessary, in its sole discretion to the extent permitted by law.

Pregnancy Accommodation

The Company provides reasonable accommodations to female employees when requested for reasons related to pregnancy, childbirth, or related medical conditions, to the extent the accommodation can be made without imposing an undue hardship on the business.

Reasonable accommodations may include, but are not limited to:

allowing more frequent breaks or periodic rest;
assistance with manual labor;
modifying job duties;
modifying work hours/schedules;
temporary transfer to a less strenuous or less hazardous position; or
providing a temporary leave of absence.

Any employee who needs to request an accommodation due to pregnancy, childbirth, or a related medical condition or who has questions regarding the policy should contact the Director of Human Resources. If leave is provided as a reasonable accommodation, such leave may run concurrently with the FMLA and/or any other applicable leave as permitted under federal, state, or local law.

Lactation Break/Accommodation

The Company will provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s child without regard to the number of years following the birth of a child. The Company prohibits discrimination, harassment, or retaliation against any employee who requests and/or takes time off to express breast milk at work.

Emergency Responder Leave

The Company provides reasonable and necessary unpaid leave to employees who serve as volunteer firefighters, county or municipal volunteers for the Office of Emergency Management who respond to fire or emergency calls, or as part of a volunteer first aid, rescue, or emergency squad to respond to a qualified emergency. A qualified emergency includes responding to a state of emergency declared by the President of the United States or Governor of this state, or being actively engaged in responding to an emergency alarm.

Employees must notify their immediate manager at least one (1) hour prior to their scheduled shift of the call to respond to a qualified emergency. Upon return, employees should provide a copy of the incident report and certification by the incident commander or other official confirming that the employee was actively engaged and necessary for the emergency response. The report should set forth the date and time the volunteer was relieved of emergency service duties.

Employees taking leave under this policy who need to be absent for more than one consecutive day because they were called to respond to a qualified emergency should notify the immediate manager each day that they will be absent in advance of their shift.

Leave under this policy generally is unpaid. However, employees may elect to use their accrued but unused vacation, if available. In order to use vacation, an eligible employee must comply with the Company’s normal procedures for the applicable paid-leave policy (e.g., call-in procedures, advance notice).

The Company reserves the right to deny leave under this policy to employees that it deems essential, as authorized under state law.

Discussion of Wages

No employee is prohibited from inquiring about, discussing, or disclosing their wages or the wages of another employee with any other employee or former employee, a lawyer from whom the employee seeks legal advice, or any government agency. We expressly prohibit retaliation against any employee for making such inquiries or engaging in such discussions or disclosures.

Drug and Alcohol Policy

In addition to the provisions of the Drug and Alcohol Policy in the Employee Handbook, please note that although the state has legalized the use of marijuana, EDENS does not permit the use of marijuana in the workplace. Use of marijuana on EDENS property or while engaged in work-related activities is strictly prohibited and may result in discipline, up to and including immediate discharge.

Employees who are legally prescribed medicinal marijuana to treat a disability in accordance with the State of New Jersey’s Medicinal Marijuana Program are prohibited from using medicinal marijuana in the workplace or during work hours. Employees who use medicinal marijuana off-duty should inform their direct supervisor if they believe such off-duty use will impair their job performance, safety, or the safety of others, or if they believe they need a reasonable accommodation. For more information on how to request a reasonable accommodation, please refer to the Reasonable Accommodations Policy in the Handbook.

Nothing in the Drug and Alcohol Policy shall permit EDENS to take any adverse employment action against an employee: (1) who is a “registered qualifying patient” based solely on the employee’s status as a registrant with the New Jersey Cannabis Regulatory Commission; (2) because the employee does or does not smoke, vape, aerosolize, or otherwise use cannabis items; or (3) solely due to the presence of cannabinoid metabolites in the employee’s bodily fluid. Additionally, employees shall be permitted to explain drug test results that are positive for cannabis consistent with New Jersey State law.

THIS IS NOT A CONTRACT

Appendix J – New York State Addendum

NEW YORK EMPLOYEES

Equal Employment Opportunity

Employment decisions will not be based upon race (including traits historically associated with race, including, but not limited to, hair texture and protected hairstyles, such as braids, locks and twists), color, national origin, religion including clothing or facial hair worn in accordance with the religious tenets), sex (including childbirth, breast feeding and related medical conditions), disability, protected medical condition, genetic information, age, citizenship status, genetic information of the employee or family member of the employee, sexual orientation (including perceived sexual orientation), gender (actual or perceived), actual or perceived gender-related identity, appearance, behavior, expression or other gender-related characteristic regardless of the sex assigned to that person at birth, including, but not limited to, transgender status or sexual orientation, sexual and reproductive health decisions , pregnancy, childbirth and related medical conditions, marital status, military status or service, observance of Sabbath, political activities, use of service dog, certain arrest or conviction records, domestic violence victim status, caregiver status, their or their dependents’ reproductive health decision, or any other status protected by applicable federal, state, or local law.

Requests for Accommodation

In accordance with federal, state and local law, EDENS will make reasonable accommodations to the following employees to allow them to perform the essential functions of their position, provided the accommodation does not create an undue hardship for EDENS and/or does not pose a direct threat to the health or safety of others in the workplace and/or to the individual:

Those with a known mental or physical disability;
Pregnant individuals and/or individuals with pregnancy or childbirth-related medical conditions;
Victims of domestic violence, sex offenses or stalking; and
Employees with religious observance and practice obligations.

If you require an accommodation for any of the above reasons, you must notify Human Resources. Once EDENS is aware of the need for an accommodation, EDENS will engage in a cooperative dialogue addressing the employee’s accommodation needs, potential accommodations that may address the needs, including alternatives to the employee’s requested accommodation, and any difficulties that such potential accommodations may pose for EDENS. In each case, EDENS wishes to have timely, good faith discussions with the employee to determine what accommodation, if any, may be appropriate.

While EDENS will aim to choose the employee’s preferred reasonable accommodation in each case above, EDENS retains the ultimate discretion to choose the appropriate reasonable accommodation. After a final determination is made at the conclusion of the cooperative dialogue, EDENS will provide the employee requesting an accommodation with a final written determination. If you believe that you have been treated in a manner not in accordance with these policies, please notify EDENS immediately by speaking to Human Resources.

EDENS will not retaliate or otherwise discriminate against anyone for requesting a reasonable accommodation, regardless of whether the request was granted, and will not knowingly tolerate or permit retaliation by management, employees, or coworkers. You are encouraged to utilize this procedure without fear of retaliation.

Pregnancy Accommodation

EDENS will provide reasonable accommodation to female employees related to pregnancy, childbirth, or related conditions unless such accommodations would cause an undue hardship. When an employee requests a reasonable accommodation, we shall explore with the employee the possible means of providing the reasonable accommodation, which may include, but are not limited to: acquisition of equipment for sitting, more frequent or longer breaks, breaks for water intake, period rest for those who stand for long periods of time, modifying work hours/schedules, job restructuring, break time and non-bathroom space for expressing breast milk, time off to recover from childbirth, and assistance with manual labor.

We may require the employee to provide a certification in connection with a request for reasonable accommodation.

New York Safe and Sick Leave

EDENS standard sick leave policy meets and exceeds the requirements of New York Safe and Sick Leave. Please refer to the core policy for sick leave information.

You may use safe and sick leave for any of the following reasons:

Use it for your health, including to get medical care or to recover from illness or injury.
Use it to care for a family member who is sick or has a medical appointment.
Use it when your job or your child’s school closes due to a public health emergency.
Use it for your safety or for a family member’s safety because of domestic violence, unwanted sexual contact, stalking, or human trafficking.

You can carry over unused safe and sick leave to the next calendar year as long as your total balance does not exceed 56 hours. Your safe and sick leave balance will appear on each pay stub.

New York State Disability Insurance

New York employees who are disabled by an off-the-job sickness or injury or because of pregnancy may be eligible to receive State Disability Insurance (“SDI”) benefits. SDI may pay up to 26 weeks of benefits, which are calculated as a percentage of your salary, up to a maximum percentage set by state law.

You are responsible for filing your claim. For more information on SDI or to obtain a claim form, contact Operations.

New York State Paid Family Leave

The Company provides eligible employees the opportunity to take partially paid, job-protected leave to care for a new born child, a newly adopted or newly placed child or a family member with a serious health condition, or to handle certain qualifying exigencies arising from a spouse’s, child’s or parent’s covered active duty or call to covered active duty status, up to the maximum length of leave permitted by law (“maximum amount of leave”), in accordance with the New York Paid Family Leave Benefits Law (“PFLBL”). PFLBL benefits are intended to compensate employees for wage loss suffered while taking these types of eligible family leaves. In accordance with the law, PFLBL benefits are funded by a payroll deduction from employees’ paychecks.

Employee Eligibility

Employees who work 20 or more hours per week are eligible to take PFLBL leave after 26 weeks of work. Employees who work less than 20 hours per week are eligible on the 175th day of work. If employees are unsure whether they qualify for PFLBL leave, they should contact their supervisor or Human Resources.

When an employee’s regular employment schedule is 20 hours or more per week and the employee will not work 26 consecutive weeks, or when an employee’s regular employment schedule is less than 20 hours per week but the employee will not work 175 days in a 52-week period, the Company shall provide the employee the option to file a waiver of family leave benefits. Any such waiver will be automatically revoked if there is a change in the employee’s work schedule that requires the employee to continue working for 26 consecutive weeks or 175 days in a 52 consecutive week period, and the employee will be required to being making contributions to the cost of PFLBL benefits, including any retroactive amounts due from the date of hire.

Conditions Triggering Leave

PFLBL leave may be taken for the following reasons:

the birth, adoption or foster care placement of an employee’s child within 12 months following the birth or placement of the child;
to care for a close family member (spouse, domestic partner, child, parent, parent in law, grandparent, or grandchild) with a serious health condition; or
to handle certain “qualifying exigencies” (as defined under the Family Medical Leave Act) arising out of the fact that the employee’s spouse, son, daughter, or parent is on covered active duty or call to covered active duty status in the military reserves, National Guard, or Armed Forces.

For purposes of this policy, a “serious health condition” is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that prevents the qualified family member from participating in work, school or other regular daily activities. Subject to certain conditions, the continuing treatment requirement includes an incapacity of more than three full calendar days and two visits to a health care provider or one visit to a health care provider and a continuing regimen of care; a chronic condition; permanent or long-term conditions; or absences due to multiple treatments. A serious health condition includes transplantation preparation and recovery from surgery related to organ or tissue donation. Other situations may meet the definition of continuing treatment.

Length of Leave

Employees are eligible for up to twelve (12) weeks of leave within a 12-month period.

Identifying the 12-Month Period

Employees are eligible to take up to the maximum amount of leave, during a 12-month period. All leave entitlement will be measured during a rolling 12-month period measured backward from the first day of leave. PFLBL leave for the birth of a child or placement of a child for adoption or foster care must be concluded within 12 months of the birth or placement.

Using Leave

Eligible employees may take PFLBL leave in a single block of time or intermittently (in separate blocks of time). The smallest increment of time that can be used for such intermittent leave is one full day. Employees who require intermittent leave must try to schedule their leave so that it will not unduly disrupt the Company’s operations.

To the extent you are also eligible for FMLA leave for the same condition triggering PFLBL leave, you must use FMLA leave and PFLBL leave concurrently.

Employees may not concurrently receive New York State Disability or Workers’ Compensation benefits and PFLBL benefits. An employee who is eligible for both New York State Disability benefits and PFLBL benefits during the same 52-week period cannot receive more than 26 total weeks of disability and family leave benefits during that time period.

Wage Replacement Benefits

Employees who qualify for PFLBL benefits are eligible to receive 67% of their average weekly wage (up to a maximum amount set by the state) during their leave.

Notice and Certification

If the need for leave is foreseeable, an employee must provide 30 days’ notice in advance of the anticipated beginning date of the leave. If the need for leave is not foreseeable, notice must be provided as soon as is practicable and in compliance with the Company’s normal call-in procedures, absent unusual circumstances.

An employee wishing to make a claim for PFLBL benefits must complete a Request for Paid Family Leave or give notice in another format designated by the Company’s insurance carrier. The employee will be required to submit certain certifications and/or documentation substantiating the need for leave.

Use of Accrued Paid Leave

Depending on the purpose of your leave request, an employee may choose to use accrued paid leave (such as sick leave, vacation, or PTO), concurrently with some or all of the employee’s PFLBL leave. In order to substitute paid leave for PFLBL leave, an eligible employee must comply with the Company’s normal procedures for the applicable paid-leave policy (e.g., call-in procedures, advance notice, etc.). Should an employee choose to substitute accrued paid leave for PFLBL benefits, a leave that is otherwise eligible under the PFLBL will be job-protected leave.

To the extent you are also eligible for FMLA leave for the same condition triggering PFLBL leave, the Company’s policies regarding the use of accrued paid leave concurrently with FMLA leave shall apply.

Benefits During PFLBL Leave

If you and/or your dependents participate in a group health plan through the Company, your coverage will be maintained during your PFLBL leave on the same terms as if you had continued to work. If applicable, you must make arrangements to pay your share of health plan premiums while on leave. An employee’s failure to pay the employee share of the health coverage premium may result in an elimination of coverage after 30 days. Use of PFLBL leave will not result in the loss of any employment benefit that accrued prior to the start of your leave.

Job Restoration

Upon returning from PFLBL leave, eligible employees will typically be restored to their original job or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions. However, employees have no greater right to reinstatement than if they had been continuously employed rather than taken leave. For example, if an employee would have been laid off or his or her position would have been eliminated even if he or she had not gone on leave, then the employee will not be entitled to reinstatement.

Failure to Return After PFLBL Leave

Any employee who fails to return to work as scheduled after PFLBL leave or exceeds the maximum amount of leave entitlement, will be subject to the Company’s standard leave of absence and attendance policies. This may result in termination if you have no other Company-provided leave available to you that applies to your continued absence. Likewise, following the conclusion of your PFLBL leave, the obligation to maintain your group health plan benefits may end (subject to any applicable COBRA rights).

Fraud

Providing false or misleading information or omitting material information in connection with a PFLBL leave will result in disciplinary action, up to and including immediate termination.

Employers’ Compliance with PFLBL and Employee’s Enforcement Rights

PFLBL makes it unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided under PFLBL, or discharge or discriminate against any person for opposing any practice made unlawful by PFLBL or for involvement in any proceeding under or relating to PFLBL.

Jury Duty

Employees are paid the first forty dollars ($40) of such employee’s daily wages during the first three (3) days of jury service. Exempt employees will continue to receive their regular salary when they work partial weeks while on jury duty, pursuant to state and federal law.

If you are called for jury duty, you must notify your supervisor within forty-eight (48) hours of receipt of the jury summons by showing the summons to your supervisor.

Lactation Breaks

We will provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s child. Generally, a reasonable amount of break time for purposes of this policy will be at least 20 minutes in every three hour period, if requested by the employee. Longer break times will be provided when the room designated for expression of breast milk is not in close proximity to the employee’s work station. We will provide this break time for up to three years following the birth of a child.

Nursing mothers can elect to take time to express breast milk during their regularly scheduled meal and rest breaks. If the break time cannot run concurrently with the meal and/or rest breaks already provided to the employee, the break time will be unpaid for nonexempt employees. Where these additional breaks are required, employees should work with their supervisor regarding scheduling. A nonexempt employee can elect to work before or after her normal shift to make up the amount of time used during unpaid break time for expression of breast milk, so long as the additional time requested falls within the Company’s normal work hours.

Employees are required to provide reasonable notice that they intend to take breaks for expressing breast milk upon returning to work. We will make reasonable efforts to provide employees with the use of a private location, other than a toilet stall, in close proximity to their work area for the employee to express breast milk. Employees should discuss with their supervisor or Human Resources the location to express their breast milk and for storage of expressed milk and to make any other arrangements under this policy.

We will not demote, terminate, or otherwise take adverse action against an employee who requests or makes use of the accommodations and break time described in this policy.

Adoption Leave

Employees who are adoptive parents will be permitted to take leave under the same terms as leave provided to biological parents for the adoption of a child upon the start of the parent-child relationship. Leave will only be granted to employees who adopt children of preschool age or younger, or who adopt children under the age of 18 who are considered “hard to place” or handicapped under New York law.

Emergency Responder Leave

Eligible employees will be allowed time off from work to perform duties as a volunteer firefighter or member of a volunteer ambulance service during a declared state of emergency, unless providing the leave would impose an undue hardship on the Company’s business operations.

To be eligible for leave under this policy, employees must have previously provided the Company with written documentation from the volunteer fire department or ambulance service notifying the Company of the employee’s status as a volunteer firefighter or volunteer ambulance service member and the employee’s volunteer duties must be related to the declared emergency.

We may request certification of the need for leave in the form of a notarized statement from the head of the fire department or ambulance service setting for the time period that the employee’s volunteer services were required.

Leave under this policy will be unpaid, except exempt employees may be provided time off with pay when necessary to comply with state and federal wage and hour laws. Employees may use accrued paid time off for this purpose.

Victims of Crime/Witness Leave

EDENS will grant leave for New York employees who are subpoenaed to attend or participate as a crime victim in court proceedings, including reasonable time requested by a prosecuting attorney to participate in the preparation of criminal proceedings when the employee is a victim of a crime or the victim is the employee or the employee’s next of kin, or the employee is a deceased victim’s representative, a good Samaritan, or pursuing an application or enforcement of an order of protection under the criminal procedure law or family court act, or when the employee is subpoenaed to attend a criminal proceeding as a witness.

Eligible employees may take time off from work to: (1) testify in a criminal proceeding (including time off to consult with the district attorney); (2) give a statement at a sentencing proceeding; (3) give a victim impact statement at a pre-sentencing proceeding; or (4) give a statement at a parole board hearing. Employees are expected to provide EDENS with as much notice as possible of the need to take leave under this policy, and the Employees must notify their supervisor or Human Resources of the need to take a leave under this policy no later than the day before the absence.

Employees requesting victims of crime leave must notify their manager in advance of taking such leave, unless precluded by an emergency situation.

Victims of crime leave will be unpaid; however, employees may elect to use accrued time off.

EDENS will not retaliate or tolerate retaliation against any employee who seeks or obtains leave under this policy.

Accommodations for Victims of Domestic Violence

EDENS will provide reasonable time off as reasonable accommodation to employees who are victims of domestic violence, unless the employee’s absence would cause an undue hardship to EDENS. The time off may be used for the following reasons:

To seek medical attention for injuries caused by domestic violence;
To obtain services from a domestic violence shelter, program, or rape crisis center;
To obtain psychological counseling related to an incident of domestic violence;
To participate in safety planning or to take other actions to increase safety from future incidents of domestic violence; or
To obtain legal services, assist in the prosecution of the offense, or appear in court in relation to the incident of domestic violence.

The employee will be required to use any available paid time off for such absences; if no paid time off is available, the time off will be unpaid. Exempt employees may be provided time off with pay when necessary to comply with state and federal wage and hour laws. Employees who require time off in accordance with this policy must provide advance notice to EDENS. If advance notice is not feasible, the employee will be required to provide a certification to EDENS within a reasonable time after return to work. Employees who wish to request an accommodation under this policy should contact their manager or Human Resources.

Policy Against Unlawful Harassment, Discrimination, and Retaliation

The Company is committed to creating a respectful, courteous work environment free of unlawful harassment or discrimination of any kind, and the Company is committed to taking all reasonable steps to prevent it and address it. The Company will NOT TOLERATE harassment or discrimination relating to any characteristic protected under applicable law by any employees, applicants for employment, individuals providing services in the workplace pursuant to a contract, unpaid interns and volunteers. Violation of this policy will subject an employee to disciplinary action, up to and including immediate termination. All employees are required to work in a manner that prevents harassment and discrimination in the workplace. The Company will take disciplinary action, up to and including termination, against anyone found in violation of this policy. Moreover, any supervisor or manager who condones or ignores potential violations of this policy will be subject to appropriate disciplinary action, up to and including termination. In addition to any disciplinary action we may take, up to and including termination of employment, offenders may also be personally liable, in the event of litigation, for damages and attorney’s fees and other costs of litigation. This Policy applies to all employees, applicants for employment, interns (whether paid or unpaid), contractors and persons conducting business with the Company.

Harassment and discrimination is against the law. All employees have a legal right to a workplace free from harassment and discrimination, and employees can enforce this right by filing a complaint internally with the Company, or with a government agency or in court under federal, state or local antidiscrimination laws.

What is Harassment?

Harassment refers to behavior that is related to any characteristic protected under the law (e.g., gender, religion, race) and that is personally offensive, intimidating, and hostile or interferes with work performance.

What is Sexual Harassment?

Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and local law. Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity and the status of being transgender.

Sexual harassment is unwelcome verbal or physical behavior based on a person’s gender. Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s sex when:

Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment, even if the reporting individual is not the intended target of the sexual harassment;
Such conduct is made either explicitly or implicitly a term or condition of employment;
Submission to or rejection of such conduct is used as a basis for employment decisions affecting an individual’s employment.

A sexually harassing hostile work environment includes, but is not limited to, of words, signs, jokes, pranks, intimidation or physical violence which are of a sexual nature, or which are directed at an individual because of that individual’s sex. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory statements or sexually discriminatory remarks made by someone which are offensive or objectionable to the recipient, which cause the recipient discomfort or humiliation, which interfere with the recipient’s job performance. Sexual harassment can occur between any individuals, regardless of their sex or gender. Sexual harassment also occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment or any other terms, conditions or privileges of employment. This is also called “quid pro quo” harassment.

The following describe some of the types of acts that may be unlawful sexual harassment and that are strictly prohibited:

Physical assaults of a sexual nature, such as:
- Touching, pinching, patting, grabbing, brushing against another employee’s body or poking another employees’ body;
- Rape, sexual battery, molestation or attempts to commit these assaults.
Unwanted sexual advances or propositions such as;
- Requests for sexual favors accompanied by implied or overt threats concerning the victim’s job performance evaluation, a promotion or other job benefits or detriments;
- Subtle or obvious pressure for unwelcome sexual activities.
- Sexually oriented gestures, noises, remarks, jokes or comments about a person’s sexuality or sexual experience, which create a hostile work environment.
Sexual or discriminatory displays or publications anywhere in the workplace, such as:
- Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials or other materials that are sexually demeaning or pornographic. This includes such sexual displays on workplace computers or cell phones and sharing such displays while in the workplace.
Hostile actions taken against an individual because of that individual’s sex, sexual orientation, gender identity and the status of being transgender, such as:
- Interfering with, destroying or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform the job;
- Sabotaging an individual’s work;
- Bullying, yelling, name-calling.

It is impossible to specify every action or all words that could be interpreted as harassment. The examples listed above are not meant to be a complete list of objectionable behavior.

What Are Other Kinds Of Harassment?

In addition to sexual harassment, the Company prohibits all other harassment based on race (including traits historically associated with race, including, but not limited to, hair texture and protected hairstyles, such as braids, locks and twists), ethnicity, religion (including clothing or facial hair worn in accordance with religious tenets), color, creed, sex (including childbirth, breast feeding and related medical conditions), gender (including actual or perceived sex, gender identity & expression, including a person’s actual or perceived gender-related self-image, appearance, behavior, expression or other gender related characteristic, regardless of the sex assigned to that person at birth), gender dysphoria, sexual orientation, national origin, ancestry, alienage, citizenship status, uniform service member and veteran status, marital status, partnership status, civil union status, familial status, caregiver status, pregnancy, age (actual or perceived), protected medical condition, genetic information, physical or mental disability, unemployment status, credit history, certain arrest or conviction records, status as a victim of domestic violence, stalking or sex offenses, an individual’s status as having a known relationship or association with a member or members of a protected category or any other protected characteristic as defined by applicable federal, state, or local law.

The following describes some of the types of acts that may be unlawful harassment and that are strictly prohibited:

Epithets; derogatory comments, slurs or name-calling; racial or ethnic slurs; threats; offensive jokes;
Offensive or degrading remarks, verbal abuse, or other hostile behavior such as insulting, teasing, mocking, degrading or ridiculing another person or group.
Hostile actions taken against an individual because of a protected characteristic, such as:
- Interfering with, destroying or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform the job;
- Sabotaging an individual’s work;
- Bullying, yelling, name calling.
Unwelcome or inappropriate physical contact, comments, questions, advances, jokes, epithets or demands;
Derogatory or offensive posters, cartoons or drawings; displaying offensive pictures, writings, symbols or objects;
Making negative comments about an employee’s personal religious beliefs, or trying to convert them to a certain religious ideology;
Sharing inappropriate images, videos, emails, letters, or notes;
Offensively talking about negative racial, ethnic, or religious stereotypes;
Making derogatory age-related comments;
Making offensive reference to an individual’s mental or physical disability;
Assault or other inappropriate physical contact.

It is impossible to specify every action or all words that could be interpreted as harassment. The examples listed above are not meant to be a complete list of objectionable behavior.

Who Can Be a Target of Harassment or Discrimination?

The law protects employees, paid or unpaid interns, and non-employees, including independent contractors, and those employed by companies contracting to provide services in the workplace. Harassers can be a superior, a subordinate, a coworker or anyone in the workplace including an independent contractor, contract worker, vendor, client, customer or visitor.

Where Can Harassment Occur?

Unlawful harassment is not limited to the physical workplace itself. It can occur while employees are traveling for business or at employer sponsored events or parties. Calls, texts, emails, and social media usage by employees can constitute unlawful workplace harassment, even if they occur away from the workplace premises, on personal devices or during non-work hours.

Reporting and Investigating Harassment and Discrimination

Preventing harassment and discrimination is everyone’s responsibility. The Company cannot prevent or remedy harassment or discrimination unless it knows about. Any employee, paid or unpaid intern or non-employee who has been subjected to behavior that may constitute harassment or discrimination is encouraged to report such behavior to a supervisor, manager, or Human Resources. Anyone who witnesses or becomes aware of potential instances of harassment or discrimination should report such behavior to a supervisor, manager, or Human Resources.

Reports of harassment and discrimination can be made verbally or in writing. A form for submission of a written complaint is attached to this Addendum, and all employees are encouraged to use this complaint form. Employees who are reporting harassment or discrimination on behalf of other employees should use the complaint form and note that it is on another employee’s behalf. Employees, paid or unpaid interns or non-employees who believe they have been a target of harassment or discrimination may also seek assistance in other available forums, as explained below in the section on Legal Protections.

Supervisory Responsibilities

Any supervisor or manager who receives a complaint or information about suspected harassment or discrimination, observes what may be harassing or discriminatory behavior or for any other reason suspects that harassment or discrimination is occurring, is required to promptly notify Human Resources. In addition to being subject to discipline if they engaged in harassing or discriminatory conduct themselves, supervisors and managers will be subject to discipline for failing to report suspected harassment or otherwise knowingly allowing harassment to continue. Supervisors and managers will also be subject to discipline for engaging in any retaliation.

Complaint and Investigation of Harassment

All complaints or information about suspected harassment or discrimination will be investigated, whether that information was reported in verbal or written form. Investigations will be conducted in a timely manner, and will be confidential to the extent possible, consistent with the Company’s need to conduct a thorough investigation. All persons involved, including complainants, witnesses and alleged harassers will be accorded the opportunity to protect their rights to a fair and impartial investigation.

Any employee may be required to cooperate as needed in an investigation of suspected harassment. The Company will not retaliate against employees who file complaints, support another’s complaint or participate in an investigation regarding a violation of this policy.

While the process may vary from case to case, investigations should generally be done in accordance with the following steps, as applicable and appropriate:

Upon receipt of complaint, Human Resources or its appropriate designee will conduct an immediate review of the allegations, and take any interim actions, as appropriate. If a complaint is verbal, the designated investigator will encourage the individual to complete the “Complaint Form” in writing. If the individual refuses, the designated investigator will prepare a Complaint Form based on the verbal reporting.
If documents, emails or phone records are relevant to the investigation, the designated investigator will take steps to obtain and preserve them.
The designated investigator will request and review all relevant documents, including all electronic communications.
The designated investigator will interview all parties involved, including any relevant witnesses.
The designated investigator will create a written documentation of the investigation (such as a letter, memo or email), which contains the following:
- A list of all documents reviewed, along with a detailed summary of relevant documents;
- A list of names of those interviewed, along with a detailed summary of their statements;
- A timeline of events;
- A summary of prior relevant incidents, reported or unreported; and
- The basis for the decision and final resolution of the complaint, together with any corrective actions action(s).
The Company will keep the written documentation and associated documents in a secure and confidential location.
The Company will promptly notify the individual who reported and the individual(s) about whom the complaint was made of the final determination and implement any corrective actions identified in the written document.

If the Company finds that harassment or discrimination has occurred, it will take immediate appropriate corrective action, up to and including termination of employment of the offending employee, along with any additional steps necessary to prevent further violations of this policy.

The Company recognizes that false accusations may have serious effects on innocent persons. If, after investigation, it is clear that a person who has accused another of violating this policy has maliciously or recklessly made a false accusation, as opposed to a complaint which, even if erroneous, was made in good faith, the accuser will be subject to appropriate discipline, up to and including termination of employment.

Protection Against Retaliation

No person covered by this policy will be subject to adverse action because they report an incident of harassment or discrimination, provide information, or otherwise assists in any investigation of a harassment or discrimination complaint. The Company will not tolerate any retaliation against anyone who, in good faith, reports or provides information about suspected sexual harassment. Unlawful retaliation can be any action that could discourage a worker from coming forward to make or support a harassment claim. Adverse action need not be job-related or occur in the workplace to constitute unlawful retaliation (e.g., threats of physical violence outside of work hours).

Such retaliation is unlawful under federal, state, and local law. State, federal and local law protect any individual who has engaged in “protected activity.” Protected activity occurs when a person has:

made a complaint of harassment or discrimination, either internally or with any anti-discrimination agency;
testified or assisted in a proceeding involving harassment or discrimination under the New York State Human Rights Law or other anti-discrimination law;
participated in any internal investigation involving harassment or discrimination;
opposed harassment or discrimination by making a verbal or informal complaint to management, or by simply informing a supervisor or manager;
reported that another employee has been harassed or discrimination against; or
encouraged a fellow employee to report harassment or discrimination.

Even if the alleged harassment or discrimination does not turn out to rise to the level of a violation of the law or the Company’s policy, the individual is protected from retaliation if the person had a good faith belief that the practices were unlawful or prohibited by the Company’s policy. However, the policy against retaliation is not intended to protect persons making intentionally false charges of harassment or discrimination.

Neither the Company nor the law will not tolerate any form of retaliation against any employee who engages in protected activity. If you believe that you have experienced or witnessed retaliation, you should immediately report your concern to Human Resources, your supervisor, or any other supervisor. Any employee who engages in retaliation will be subject to disciplinary action, up to and including termination, as well as possible legal consequences.

Legal Protections and External Remedies

Harassment is not only prohibited by the Company but is also prohibited by state, federal, and local law.

Aside from the internal process at the Company, employees may also choose to pursue legal remedies with the following governmental entities. While a private attorney is not required to file a complaint with a governmental agency, you may seek the legal advice of an attorney.

New York State Human Rights Law

The Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15, § 290 et seq., applies to employers in New York State with regard to harassment and protects employees, paid or unpaid interns and non-employees regardless of immigration status. A complaint alleging violation of the Human Rights Law may be filed either with the Division of Human Rights (DHR) or in New York State Supreme Court.

Complaints with DHR may be filed any time within one year of the harassment or discrimination, except for complaints of sexual harassment which may be filed within three years. If an individual did not file at DHR, they can sue directly in state court under the HRL, within three years of the alleged harassment. An individual may not file with DHR if they have already filed a HRL complaint in state court.

Complaining internally to the Company does not extend your time to file with DHR or in court. The one year or three years is counted from date of the most recent incident of harassment.

You do not need an attorney to file a complaint with DHR, and there is no cost to file with DHR.

DHR will investigate your complaint and determine whether there is probable cause to believe that harassment has occurred. Probable cause cases are forwarded to a public hearing before an administrative law judge. If harassment is found after a hearing, DHR has the power to award relief, which varies but may include requiring your employer to take action to stop the harassment, or redress the damage caused, including paying of monetary damages, attorney’s fees and civil fines.

DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458. You may call (718) 741-8400 or visit www.dhr.ny.gov

Contact DHR at (888) 392-3644 or visit dhr.ny.gov/complaint for more information about filing a complaint. The website has a complaint form that can be downloaded, filled out, notarized and mailed to DHR. The website also contains contact information for DHR’s regional offices across New York State.

Civil Rights Act of 1964

The United States Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). An individual can file a complaint with the EEOC anytime within 300 days from the harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint, and determine whether there is reasonable cause to believe that discrimination has occurred, at which point the EEOC will issue a Right to Sue letter permitting the individual to file a complaint in federal court.

The EEOC does not hold hearings or award relief, but may take other action including pursuing cases in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination is found to have occurred. In general, private employers must have at least 15 employees to come within the jurisdiction of the EEOC.

An employee alleging discrimination at work can file a “Charge of Discrimination.” The EEOC has district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800-669-4000 (TTY: 1-800-669-6820), visiting their website at www.eeoc.gov or via email at info@eeoc.gov.

If an individual filed an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the right to proceed in federal court.

Local Protections

Many localities enforce laws protecting individuals from harassment and discrimination. Individuals who work in states apart from New York should contact the state in which they live or work to find out if any such law exists. Additionally, an individual should contact the county, city or town in which they live or work to find out if such a law exists. For example, employees who work in New York City may file complaints of harassment with the New York City Commission on Human Rights. Contact their main office at Law Enforcement Bureau of the NYC Commission on Human Rights, 40 Rector Street, 10th Floor, New York, New York; call 311 or (212) 306-7450; or visit www.nyc.gov/html/cchr/html/home/home.shtml.

Contact the Local Police Department

If the harassment involves unwanted physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. Contact the local police department.

Prohibition Against Discrimination Based on Reproductive Health Decision-Making

In accordance with Section 203-e to the New York Labor Law, the Company will not discriminate or retaliate against an employee based on an employee’s or their dependent’s reproductive health decision-making. “Reproductive health decision making” includes, but not is not limited to, the decision to use or access a particular drug, device or medical service. Specifically, the Company may not:

Access information regarding reproductive health decision making of an employee or their dependent, without the employee’s prior informed affirmative written consent;
Discriminate or take any retaliatory action against an employee with respect to compensation, terms, conditions or privileges of employment because of or on the basis of an employee’s or their dependent’s reproductive health decision making; of
Require an employee to sign a waiver or other document which purports to deny the employee the right to make their own reproductive health care decisions; or

Additionally, the Company will not retaliate against an employee for exercising their rights under Section 203-e of the New York Labor Law. Specifically, the Company will not discharge, suspend, demote or otherwise penalize an employee for making or threatening to make a complaint to an employer, co-worker, or to a public body, that rights under this law have been violated; causing to be instituted any proceeding under or related to this law; or providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry into such violation of law, rule or regulation by such employer.

If an employee believes that the Company has violated Section 203-e of the New York State Labor Law, the employee may file a lawsuit in any court of competent jurisdiction. An aggrieved employee who prevails in such an action may be awarded damages (including, but not limited to, back pay, benefits and reasonable attorneys’ fees), injunctive relief, reinstatement and/or liquidated damages. If you believe that you have been treated in a manner not in accordance with this policy, please notify the Company immediately by speaking to Human Resources.

Meal Periods

Pursuant to New York law, employees who work a six (6) hour shift that begins before 11:00 a.m., and continues until at least 2:00 p.m. are provided a thirty (30) minute unpaid meal period, which should be taken between 11 a.m. and 2 p.m. Employees whose shift starts before 11 a.m. and continue until after 7 p.m. are entitled to a 30-minute noon meal break and an additional 20-minute break between 5 p.m. and 7 p.m. Employees who work 6 or more hours between 1 p.m. and 6 a.m. will be provided a meal period of at least forty-five (45) minutes, which should be taken midway between the beginning and the end of the shift.

An uninterrupted meal break lasting 30 minutes or more will be unpaid for nonexempt employees. Employees are completely relieved of their job responsibilities during their meal periods. For this reason, non-exempt employees must clock in and out for their meal periods, or record the beginning and ending time of the meal period on their timesheet every day. Employees may be required to sign a certification providing, among other things, that they have taken all of their daily meal periods during the pertinent pay period.

No Company manager or supervisor is authorized to instruct or approve an employee’s wish to forego a meal period. Employees should immediately report a manager’s or supervisor’s instruction to skip a meal period to Human Resources.

Emergency Quarantine Leave

In accordance with the State of New York’s COVID-19 Paid Leave Law (the “Act”) EDENS will provide Emergency Quarantine Leave (“EQL”) as outlined below. All employees who work in New York are eligible for leave under this policy.

An employee who is subject to a mandatory or precautionary order of quarantine or isolation issued by the State of New York, the department of health, local board of health, or any governmental entity duly authorized order due to COVID-19 shall be provided with paid EQL during the quarantine or isolation until the termination of the order of quarantine or isolation up to fourteen (14) calendar days. Employees may qualify for EQL for up to three orders of quarantine or isolation. The second and third orders of quarantine or isolation must be based on a positive COVID-19 test

The number of paid days of leave provided under this policy is in is calendar days, and the employee will be paid the amount of money the employee would have otherwise received for the fourteen (14) day period. For the applicable paid period (14 days), the employee shall be compensated at their regular rate of pay for their regular working hours. EQL is not considered time worked for the purpose of calculating overtime for the week in which the leave was taken. Employees will not receive overtime pay for EQL. EQL under this policy is separate from any other sick leave or paid time off available to employees

Employees are required to submit an order of quarantine or isolation to be eligible for benefits under this policy, as well as proof of a positive COVID-19 test in the event of a second or third use of EQL.

EQL may only be used if the employee is unable to work or telework and this policy shall not apply if the employee is deemed asymptomatic but is able to work remotely.

An employee shall not receive EQL if the employee is subject to a mandatory or precautionary order of quarantine because the employee has returned from travel to a non-contiguous state or country designated by the Centers for Disease Control and Prevention as a level two or level three on the health notice scale, and the travel was not at the direction of EDENS. The employee may use any existing accrued leave to the extent available and unpaid leave shall be provided for the duration of the mandatory or precautionary quarantine or isolation.

We do not offer pay in lieu of actual EQL. Compensation for unused Emergency Quarantine Leave is not provided upon separation from employment for any reason.

EDENS will not retaliate against any employee who takes leave in accordance with this policy.

Social Security Number Privacy and Protection of Personal Information

Employee social security numbers (SSNs) and personal information may be collected in the ordinary course of business for the purpose of identity verification or to administer benefits and in accordance with state and federal laws. Records that include social security numbers and personal information will be maintained in accordance with federal and state laws.

To ensure to the extent practicable the confidentiality of our employees’ and applicants’ personal identifying information, no employee may acquire, disclose, transfer, or unlawfully use the SSN, home address, or telephone number, personal electronic mail address, internet identification name, or password, parent’s surname prior to marriage, or drivers’ license number of any employee except in accordance with Company policy and procedures. The release of employee personal identifying information to external parties is prohibited except where required by law. Internal access to employee SSNs is restricted to employees with a legitimate business need for the information. Specifically, employees must not: (a) publicly post or display an employee’s Social Security number; (b) visibly print a Social Security number of any identification badge or card; (c) place a Social Security number in files with unrestricted access; or (d) communicate an employee’s personal identifying information to the general public.

Employees must immediately report to Human Resources any violation of this policy. If a violation of this policy occurs, we will notify the affected employees in compliance with the applicable laws. For more information about this policy contact Human Resources.

Wage Disclosure Protection

No employee is prohibited from inquiring about, discussing, or disclosing his or her wages or the wages of another employee, if voluntarily disclosed by that employee. Employees are not required to disclose their wages to anyone.

This policy does not apply to disclosure of other employees’ wage information by employees who have access to such information solely as part of their essential job functions and who, while acting on behalf of Company, make unauthorized disclosure of that information. Company representatives may disclose employees’ wages in response to a complaint or charge, or in furtherance of an investigation, proceeding, hearing, or action under state law.

Drug and Alcohol Policy

Please note that although the state has legalized the medicinal and recreational use of marijuana, we do not permit the possession or use of marijuana in the workplace. EDENS strictly prohibits the use, possession, sale, or transfer of marijuana on EDENS premises, during work hours, or with the use of EDENS equipment or other property. EDENS also strictly prohibits the reporting to work impaired by the use of marijuana.

Violation of this policy may result in disciplinary action, up to and including immediate termination.

Smoke-Free Workplace

Smoking and using e-cigarettes are not allowed in any parts of the workplace, including all indoor areas and company owned vehicles. E-cigarettes include e-hookahs, e-cigars, vape pens and similar products. The use of e-cigarettes of any kind is not allowed in the workplace under this policy. All employees and visitors are required to comply with the smoke-free workplace policy.

Employees who violate this policy may face disciplinary action. If employees wish to report violations of this policy, they can contact Human Resources. Employers will not be retaliated against for reporting violations of this policy or otherwise exercising their right to a smoke-free workplace. If you believe you have been retaliated against, please contact Human Resources.

Speak Up and Nonretaliation Policy

EDENS does not tolerate acts of retaliation against an employee who makes a good faith report of improper workplace behavior. This includes making good faith reports of illegal conduct, conduct that poses a danger to public health or safety, violations of any Company policies, or harassment, discrimination or other inappropriate workplace behavior.

All employees are prohibited from taking retaliatory actions against employees who make good faith reports of improper workplace behavior. Managers must guard against retaliatory conduct by proactively watching for signs of retaliation and reporting any observed conduct that may potentially violate this policy as soon as possible.

No employee may be retaliated against because that employee has in some manner opposed an employment practice that the employee in good faith reasonably believes violates federal, state or local laws, rules or regulations or poses a danger to the public health or safety.
No employee may be retaliated against because they object to or refuse to participate in an employment practice that the employee in good faith reasonably believes violates federal, state or local laws, rules or regulations or poses a danger to the public health or safety.
No employee may be retaliated against because they filed a charge, truthfully testified, provided information or assistance, or participated in an investigation, proceeding, or hearing related to or arising from an allegedly unlawful employment practice.
No employee may be retaliated against for asserting rights established by a federal, state or local law.

EDENS wants all employees to feel comfortable raising questions and concerns without fear of retaliation, which includes discrimination, harassment, or other adverse action taken against an employee for making a report.

If you believe that you or someone else has been subjected to retaliation, you must report it as soon as possible to Human Resources. If for any reason you do not feel that you can speak to Human Resources about the situation, or if you feel Human Resources has not properly handled your complaint, you should report the problem to an Executive Officer or utilize the anonymous Integrity Helpline available through a link at www.EDENS.com Allegations of retaliation will be investigated promptly. If an employee has been subjected to retaliatory behavior because the employee has spoken up or attempted to speak up in good faith, in keeping with this policy, the employee found to have retaliated will be subject to corrective action, up to and including termination of employment.

Lawful Off-Duty Activities

EDENS will not discriminate against any employee who engages in lawful off-duty activities (including the use of legal consumable products, legal political activities, legal recreational activities, or membership in a union or exercise of a right granted under the law), outside the workplace, during non-work hours, and without the use of EDENS’s equipment or other property.

COMPLAINT FORM

If you believe that you someone has violated our Policy Against Unlawful Harassment, Discrimination, and Retaliation, you are encouraged to complete this form and submit it to Human resources. If you are more comfortable reporting verbally or in another manner, you may do so.

COMPLAINANT INFORMATION

Name:

Home Address: Work Address:

Home Phone: Work Phone:

Job Title: Email:

Preferred Communication Method: £Email £ Work Phone £ Home Phone £In person

SUPERVISORY INFORMATION

Immediate Supervisor’s Name:

Title:

Work Phone: Work Address:

COMPLAINT INFORMATION

Your allegation of Harassment or Discrimination is made about:

Name: Title:

Work Address: Work Phone:

Relationship to you: £Supervisor £Subordinate £Co-Worker £Other

Please describe what happened and how it is affecting you and your work. Please use additional sheets of paper if necessary and attach any relevant documents or evidence.

Date(s) the alleged misconduct occurred:

Is the alleged misconduct continuing? £Yes £No

Please list the name and contact information of any witnesses or individuals that may have information related to your complaint:

The last question is optional, but may help the investigation.

Have you previously complained or provided information (verbal or written) about harassment or related incidents? If yes, when and to whom did you complain or provide information?

If you have retained legal counsel and would like us to work with them, please provide their contact information.

Signature: __________________________

Date: __________________________

New York Harassment Free Policy

Complaint Form

THIS IS NOT A CONTRACT

Appendix K – North Carolina State Addendum

NORTH CAROLINA EMPLOYEES

North Carolina Equal Employment Opportunity

Employment decisions will not be based on race, color, national origin, religion, sex, disability: physical or mental, age, genetic information, AIDS/HIV, lawful use of lawful product when not at work, military status or service, and sickle cell or hemoglobin C trait.

Jury Duty

Jury duty is unpaid. EDENS will not discharge or demote any employee because the employee has been called for jury duty or is serving as a juror.

Payment upon Separation from Employment

EDENS will pay an employee who has been separated from employment all wages due by the next regular payday. This rule applies regardless of whether the employee has voluntarily quit, been terminated or laid off, or quit due to a labor dispute. An employee can request payment of the final paycheck by mail. Commissions, bonuses, or other similar types of wages must be paid on the next regular payday after the employer is able to calculate the amount and must be paid to the employee unless the employer has timely notified the employee of any forfeiture policy.

North Carolina Domestic Violence Leave

To the extent required by law, the Company provides reasonable and necessary unpaid leave to employees who have been injured, threatened, or are otherwise victims of domestic violence to obtain or attempt to obtain a civil no-contact order or domestic violence protective order in accordance with state law.

For the purposes of this policy, domestic violence includes situations when an employee or a minor child residing with, or in the custody of, the employee is subject to actual or threatened physical harm, including sexual offenses, by a current or former spouse, a person of the opposite sex who lives with (or lived with) the employee, a parent, a party who stands in loco parentis to the minor child, a grandparent, a person who has a child in common with the employee, a current or former household member, or a person of the opposite sex who is in a dating relationship with the employee, or when an employee is a victim of stalking as defined by North Carolina law.

When feasible, the employee must provide the Human Resources Department with advance notice of the leave. If advance notice is not possible, the Company may require documentation of any emergency that prevented the employee from complying in advance with the Company’s usual time off policy or procedure. For more information regarding this leave, see the Human Resources Department.

Exempt employees who take leave under the policy may be provided time off with pay when necessary to comply with state and federal wage and hour laws.

North Carolina Small Necessities (Parental Leave) Law

The Company provides up to four (4) hours of unpaid leave per calendar year to any employee who is a parent, guardian, or person standing in the place of a parent of a school-aged child so that the employee may attend or otherwise be involved at that child’s school. Such leave is available for employees with children enrolled in grade school instruction, preschool or child care facilities. The leave shall be taken at a mutually agreed upon time. Eligible employees should provide the Company with a written request for the leave at least forty-eight (48) hours before taking leave. The Company may require an employee to furnish written verification from the child’s school that the employee attended or was otherwise involved at that school during the time of the leave.

Exempt employees may be provided time off with pay when necessary to comply with state and federal wage and hour laws.

For more information regarding this leave, employees should contact Human Resources.

Parent Compliance with Juvenile Court Orders Leave

The Company provides employees who are subject to juvenile court orders unpaid leave to comply with properly issued court orders, as required by North Carolina law.

When feasible, the employee must provide Human Resources advanced notice of the need to take leave under this Policy. The Company may require that an employee seeking leave under this policy provide written verification of a court order.

Exempt employees who take leave under the policy may be provided time off with pay when necessary to comply with state and federal wage and hour laws.

Disaster Response Leave

The Company provides reasonable and necessary unpaid leave to employees who serve as members of a volunteer fire department, rescue squad, or emergency medical service agency and who are called into service after the Governor or General Assembly declares a state of emergency or upon the activation of the State Emergency Response Team.

The Company reserves the right to certify to the applicable emergency management agency or director that the employee is essential to the employer’s own ongoing emergency relief activities.

Leave under this policy is unpaid. However, employees may elect, at their discretion, to use their accrued but unused vacation time for any periods of active service.

Moreover, exempt employees who take leave under the policy may be provided time off with pay when necessary to comply with state and federal wage and hour laws.

When requesting leave under this policy, employees should provide the appropriate documentation from the Director of the Division of Emergency Management or the head of the local emergency management agency confirming the employee’s call into service.

THIS IS NOT A CONTRACT

Appendix L – Ohio State Addendum

OHIO EMPLOYEES

Jury Duty

Jury duty is unpaid. Employees called to Jury duty may choose to use PTO or sick time to cover time away from work but EDENS will not require or request an employee to use annual, PTO, or sick leave for time spent to serve as a juror or time spent responding to a summons for jury duty.

Voting

EDENS provides reasonable and necessary unpaid time off to vote on an election day. The Company reserves the right to select the hours the employee will be excused to vote. Employees are required to provide reasonable advance notice to their supervisor of the need for leave under this policy.

Election Officials

EDENS provides reasonable and necessary unpaid time off for employees who serve as election officials on registration or an election day to fulfill their official duties. Employees are required to provide reasonable advance notice to their supervisor of the need for leave under this policy.

Leave for Crime Victims

EDENS provides reasonable and necessary unpaid time off to any employee who is a victim of a criminal offense, or who is the representative of a victim, for the employee to appear as a witness, to consult with the district attorney, or to exercise his/her rights as a victim under Ohio law. Prior to the date of such activity, the employee must provide reasonable advance notice of the need for the leave, whenever possible, to his or her supervisor.

Family Military Leave

In addition to the benefits provided pursuant to Military-Related FMLA Leave, EDENS provides unpaid leave for up to ten (10) days or eighty (80) hours once per calendar year, whichever is less, if the following conditions are met:

The employee has been with EDENS for at least twelve (12) consecutive months and for at least 1,250 hours in the twelve (12) months immediately preceding commencement of the leave;
The employee is 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;
The employee gives notice to the Company that the employee intends to take leave pursuant to this section at least fourteen (14) days prior to taking the leave if the leave is being taken because of a call to active duty or at least two (2) days prior to taking the leave if the leave is being taken because of an injury, wound, or hospitalization. If the 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 without providing notice to the employer;
The dates on which the employee takes leave pursuant to this section occur no more than two weeks prior to or one week after the deployment date of the employee’s spouse, child, or ward or former ward;
The employee does not have any other leave available for the employee’s use except sick leave or disability leave.

Upon the completion of leave under this policy EDENS will typically restore the employee to the position the employee held prior to taking leave or to a position with equivalent seniority, benefits, pay, and other terms and conditions of employment.

Volunteer Firefighter/EMS Leave

EDENS provides reasonable and necessary unpaid leave for eligible employees who serve as volunteer firefighters or providers of emergency medical services to respond to an emergency.

To be eligible for leave under this policy employees must provide written notification to EDENS no later than thirty (30) days after being certified as a volunteer firefighter or volunteer emergency services provider.

To request leave under this policy, employees must make reasonable efforts to notify the Human Resources Department as soon as possible when they know they will be late to work or absent from work due to being dispatched to an emergency. Additionally, following an absence under this policy, employees must provide appropriate written documentation that confirms the date(s) and time(s) of their absence 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.

THIS IS NOT A CONTRACT

Appendix M – Pennsylvania State Addendum

PENNSYLVANIA EMPLOYEES

In addition to the prior policies set forth in EDENS Employment Policies, the following policies apply to employees who spend at least 51% of their time working in Pennsylvania:

Equal Employment Opportunity

Employment decisions will not be based upon race, color, national origin, religion, sex (including pregnancy, childbirth, and related medical conditions), sexual orientation and gender identity, disability: physical or mental, age (40 to 70), GED rather than high school diploma, use of service animal, and relationship or association with disabled person.

Pregnancy Accommodation

EDENS will reasonably accommodate the needs of an employee that stem from pregnancy, childbirth or a related medical condition. The employee must request the accommodation. Examples of a reasonable accommodation include, but are not limited to, restroom breaks, period rest for those whose job requires them to stand for lengthy periods of time, assistance with manual labor, leave for a period of disability in the wake of childbirth, transfer to a vacant position, and job restructuring.

Judicial Victims / Witness Leave

EDENS will provide unpaid leave to and protect the jobs of employees who take time off from work to attend court as:

Victims of a crime;
Witnesses to a crime; or
Members of a crime victim’s family.

Emergency Response Leave

EDENS will allow employees who are volunteer fire fighters, volunteer fire police officers or volunteer members of an ambulance service or rescue squad to be late for or absent from work if they responded to an emergency before their workday started, if certification requirements are met. Job protections apply.

Access to Personnel Files

Upon an employee’s request, EDENS will allow the employee (or a designated agent) to inspect certain records in his or her personnel file at reasonable times. The Inspection of Employment Records Law authorizes employees to inspect personnel files used to determine the employee’s qualifications for the following:

Employment;
Promotion;
Additional compensation;
Termination; or
Disciplinary action.

THIS IS NOT A CONTRACT

Appendix N – South Carolina State Addendum

SOUTH CAROLINA EMPLOYEES

THE COMPANY HANDBOOK AND THIS ADDENDUM ARE NOT A CONTRACT OF EMPLOYMENT. OUR COMPANY IS AN AT-WILL EMPLOYER. THIS MEANS THAT REGARDLESS OF ANY PROVISION IN THE EMPLOYEE HANDBOOK, EITHER YOU OR THE COMPANY MAY TERMINATE THE EMPLOYMENT RELATIONSHIP AT ANY TIME, FOR ANY REASON, WITH OR WITHOUT CAUSE OR NOTICE.

Pregnancy Accommodations

The Company prohibits discrimination based on pregnancy, childbirth, or related medical conditions. The Company also provides reasonable accommodations to employees with reasonable accommodations for medical needs arising from pregnancy, childbirth, and related medical conditions, including, but not limited to, lactation or the need to express breast milk for a nursing child to enable such employees to continue performing the essential functions of their jobs. An accommodation will be made to the extent it does not impose an undue hardship on the business.

The Company does not discriminate against applicants or employees based on medical needs arising from pregnancy, childbirth, or related medical conditions. The Company also will not discriminate or retaliate against an employee who requests or uses a reasonable accommodation under this policy.

If leave is provided as a reasonable accommodation, such leave may run concurrently with the federal Family and Medical Leave Act and/or any other leave when permitted by state and federal law.

Volunteer Emergency Responder Leave

EDENS provides reasonable and necessary unpaid leave to employees who are volunteer firefighters or volunteer emergency medical services responders and who, when acting as volunteers, are part of the mobilization plan established pursuant to the Firefighter Mobilization Act and are responding to an emergency where the President of the United States has declared a state of emergency or where the Governor of South Carolina has declared a state of emergency in a county in South Carolina.

Isolation and Quarantine Leave

An employee subject to an isolation or quarantine order issued in compliance with state law and pursuant to the South Carolina Department of Health & Environmental Control’s (DHEC) orders will be granted unpaid leave.

EDENS may require affected employees to use accrued paid leave for the time off allowed under this policy. This leave will run concurrently with any other applicable leave.

Please notify Human Resources of your need for leave under this policy as soon as practicable.

THIS IS NOT A CONTRACT

Appendix O – Texas State Addendum

TEXAS EMPLOYEES

Equal Employment Opportunity

Employment decisions will not be based upon race, color, national origin, religion, sex (including pregnancy, childbirth, and related medical conditions), disability: physical or mental, age (40 and older), and genetic information, or any other status protected by applicable federal, state, or local law.

Jury Duty

Jury duty is unpaid. Employees serving on juries are protected from being threatened, intimidated, coerced, or discharged based upon their jury service or their attendance or scheduled attendance in connection with their service.

Witness and Juvenile Court Attendance Leave

The Company provides reasonable and necessary unpaid leave for employees to appear as witnesses in court proceedings or to attend juvenile court proceedings when required as a parent or legal guardian. Employees are expected to provide the Company with as much notice as possible of the need to take witness leave. Employees must notify their supervisor or the Human Resources Department as soon as practical following court attendance that they intend to return to work.

Texas Voting Leave

EDENS will grant up to 2 hours of paid time off to vote, unless the employee has at least 2 consecutive hours of nonworking time during the time the polls are open.

EDENS will not penalize employees for taking voting leave or deduct voting time from their wages.

Leave for Attendance at State or Local Political Conventions

The Company provides reasonable and necessary unpaid leave for employees to attend state or local political or precinct conventions for employees who are delegates or otherwise authorized to attend. Employees are expected to provide the Company with as much notice as possible of the need to take leave under this policy, including providing appropriate written documentation to support a leave request.

Leave for Election Officials

The Company provides up to twenty-four (24) hours of unpaid leave to employees who serve as election officials on an election day. Employees are expected to provide the Company with as much notice as possible of the need to take leave under this policy, including providing appropriate written documentation to support a leave request.

Leave for Emergency Evacuation Workers

The Company provides unpaid leave to employees who serve as emergency services personnel, including firefighters, emergency medical technicians, and those who are called to provide services during a general public evacuation pursuant to an official emergency evacuation order, including a declaration of local disaster. Employees requesting time off under this policy should contact their supervisor or the Human Resources Department as soon as possible.

Social Security Number Privacy and Protection of Personal Information

To the extent practicable, the Company protects the confidentiality of its employees’ and applicants’ Social Security Numbers (SSNs) and confidential personal information. Thus, no employee may acquire, disclose, transfer, or unlawfully use the SSN or personal information of any employee except as needed to conduct legitimate Company business. The release of employee SSNs, driver’s license numbers, or financial account numbers to external parties is prohibited except as required by law. Internal access to employee SSNs, driver’s license numbers, or financial account numbers must be authorized by Human Resources, and is restricted to employees with a legitimate business need for the information.

Employee SSNs and personal information may be collected in the ordinary course of business for the purpose of identity verification or to administer benefits in accordance with state and federal laws. Records that include Social Security numbers and personal information will be maintained in accordance with federal and state laws. For more information about this policy contact Human Resources.

THIS IS NOT A CONTRACT

Appendix P – Virginia State Addendum

VIRGINIA EMPLOYEES

Equal Employment Opportunity

Under the Virginians with Disabilities Act (VDA), the Company will not discriminate against qualified individuals solely because of their disabilities. The VDA protects individuals who have a physical or mental impairment that substantially limits a major life activity or who have a record of such impairment. It does not protect individuals who are merely perceived as having an impairment.

EDENS will provide reasonable accommodations to qualified individuals with disabilities. An accommodation is not reasonable if it would create an undue burden on EDENS. In Virginia, there is a rebuttable presumption that any accommodation that costs more than $500 would impose an undue burden on an employer with fewer than fifty (50) employees.

Officer of Election Leave

EDENS will provide reasonable and necessary unpaid leave to employees to serve as an Officer of Election, as that term is defined under state law. Employees requesting leave under this policy should provide the Human Resources Department with reasonable advance notice of the intent to take leave. Employees may use PTO for this leave, but they are not required to do so.

An employee who serves as an Officer of Election for four (4) or more hours, including travel time, on the day of election service will not be required to start any work shift that begins on or after 5:00 p.m. on the day of service or begins before 3:00 a.m. on the day following the day of service.

Jury Duty

An employee who is summoned and appears for jury duty for four (4) or more hours, including travel time, on the day of jury service will not be required to start any work shift that begins on or after 5:00 p.m. on the day of service or begins before 3:00 a.m. on the day following the day of service.

Leave for Victims or Witnesses of Crimes

The Company provides reasonable and necessary unpaid leave to the extent required by law. As such, Employees who are witnesses to or direct victims of certain, specified crimes under applicable law may receive unpaid time off from work to attend judicial proceedings related to that crime.

Employees requesting leave under this policy should provide advance notice to the Human Resources Department, including a copy of the notice of the proceeding. If advance notice is not possible, the employee must provide the Human Resources Department with appropriate documentation evidencing the employee’s attendance at the judicial proceeding upon returning to work.

Civil Air Patrol Leave

The Company provides unpaid leave to eligible employees who serve as a member of the Civil Air Patrol and who are engaged in training for emergency missions with the Civil Air Patrol, not to exceed ten (10) workdays per fiscal year, or who are called to respond to an emergency mission as a Civil Air Patrol volunteer, not to exceed thirty (30) workdays per federal fiscal year. Employees requesting leave shall provide certification that the employee has been authorized by the United States Air Force, the Governor, or a department, division, agency, or political subdivision of the state to respond to or train for an emergency mission and verification from the Civil Air Patrol of the emergency need of the employee’s volunteer service. When requesting leave under this policy, employees must give as much notice as possible of the need for leave, and while on leave, employees must provide regular updates regarding their status and return to work date. Upon return to work, the Company may require employees to provide verification from the Civil Air Patrol of the leave taken.

THIS IS NOT A CONTRACT

Appendix Q – Vermont State Addendum

VERMONT EMPLOYEES

Equal Employment Opportunity

Employment decisions will not be based upon race, color, religion, national origin, sex, sexual orientation, gender identity, ancestry, place of birth, age (18 and older), crime victim status, physical or mental condition, disability, or any other status protected by applicable federal, state, or local law.

Jury Duty

Jury duty is unpaid. EDENS will not discharge, penalize, or discriminate against an employee because of the employee’s service as a juror.

Vermont Sick Leave

EDENS standard sick leave policy meets and exceeds the requirements of Vermont Sick Leave. Please refer to the core policy for sick leave information.

Victims of Crime Leave

Under Vermont law, alleged victims are protected from harassment or other discrimination by employers based on their status as an alleged victim. Employers are also required to provide alleged victims with job-protected, unpaid leave to attend certain legal proceedings relating to a relevant crime.

An “alleged victim” is a person who:

Is alleged to have sustained;
- physical, emotional, or financial injury or death;
  - as a direct result of the commission or attempted commission of a crime;
  - as a direct result of the commission or attempted commission of a delinquency;
- In an affidavit filed by law enforcement with a prosecuting attorney of competent jurisdiction; or
- The family member of an alleged victim who: is a minor, found to be incompetent, alleged to have suffered physical or emotional injury as a result; or was killed as a result of the alleged crime or act of delinquency.

Employees who are alleged victims have the right to take unpaid leave to attend:

Criminal proceedings where the employee is an alleged victim and has a legal right or obligation to appear at the proceeding;
Relief from abuse hearings and neglect or exploitation hearings under when the employee is a plaintiff; or
Hearings concerning an order against stalking or sexual assault.

While on alleged victim leave, employees may use any accrued sick leave, vacation leave, or any other paid leave. Employees will continue to receive employment benefits while on leave and will be returned to their same job or a comparable position upon return.

Pregnancy Accommodations

EDENS will reasonably accommodate the needs of an employee that stem from pregnancy-related condition caused by pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The employee must request the accommodation. Examples of a reasonable accommodation include, but are not limited to, more restroom, water intake or rest breaks, access to a chair or stool, time off for prenatal appointments, a private, clean space for breast feeding, assistance with specific duties such as manual labor or heavy lifting, time off to recover from medical conditions related to pregnancy or childbirth.

A reasonable accommodation maybe declined if the accommodation would constitute an undue hardship on EDENS’ business and would be significantly difficult, unduly expensive or unworkable to put into place.

Flexible Working Arrangements

An employee may request a flexible working arrangement that meets the needs of the Company and employee. The Company will consider a request at least twice per calendar year.

A flexible working arrangement means an intermediate or long-term change in the employee’s regular working arrangements, including changes in the number of days or hours worked, changes in the time the employee arrives at or departs from work, work from home, or job-sharing. A flexible working arrangement does not include vacation, routine scheduling of shifts, or another form of employee leave.

The Company will engage in an interactive discussion with the requesting employee in an attempt to arrive at a flexible working arrangement that is not inconsistent with business operations and does not impose an undue burden on the Company.

Flexible working arrangements may be modified or terminated consistent with applicable laws.

Nursing Mothers

The Company will provide a reasonable amount of break time to accommodate an employee’s need to express breast milk for the employee’s infant child. Lactation breaks will be provided for up to three (3) years following the child’s birth.

The break time should, if possible, be taken concurrently with other break periods already provided. Non-exempt employees should clock out for any time taken that does not run concurrently with normally scheduled rest periods, and such time generally will be unpaid in accordance with state law.

Please notify your manager to request time to express breast milk under this policy.

No provision of this policy applies or is enforced if it conflicts with or is superseded by any requirement or prohibition contained in a federal, state, or local law, or regulation. If you have knowledge of such a conflict or potential conflict, contact your manager.

Town Meeting Leave

The Company will provide unpaid leave to an employee for the purpose of attending their town’s annual meeting. The employee must inform the Company of the intent to take leave at least seven (7) days in advance. If the employee’s absence would disrupt essential operations of the Company, leave may be denied. Employees may use any unused, accrued PTO for purposes of this leave.

Parental and Family Leave

Employees who have been employed with the Company for at least twelve (12) months and have worked an average of at least thirty (30) hours per week are eligible to receive up to twelve (12) weeks of unpaid for Parental Leave or Family Leave as follows:

Parental Leave: up to twelve (12) weeks of unpaid parental leave during any 12-month period following the birth of their child or within a year following the initial placement of a child sixteen (16) years of age or younger with the employee for adoption;
Family Leave: up to twelve (12) weeks of unpaid family leave for their own serious health condition or for the serious illness of the employee’s child, stepchild or ward of the employee who lives with the employee, foster child, parent, spouse (including a party to a civil union), or parent of the employee’s spouse.

You must provide your manager with reasonable advance written notice of any intent to take leave, unless such notice is impracticable due to unforeseen circumstances. Written notice must include the expected starting date of the leave and its estimated duration.

During such leave, employees may use up to six (6) weeks of PTO; however, receipt of unused, accrued paid leave does not extend the duration of the leave.

Taking leave pursuant to this policy does not affect your right to receive paid time off, sick leave, bonuses, advancement, seniority, benefits, or other advantages incident to your employment that existed on the day leave began.

At the end of your leave, the Company will return you to your previous position or an equivalent position in terms of pay, seniority, and benefits.

This leave may run concurrently with the FMLA and/or any other leave where permitted by state and federal law.

Short-Term Family Leave

In addition to the Parental and Family Leave, an employee may take unpaid leave not to exceed four (4) hours in any thirty (30) day period and not to exceed twenty-four (24) hours in any twelve (12)-month period for any of the following purposes:

To participate in pre-school or school activities directly related to academic educational advancement of the employee’s child, stepchild, foster child or ward who lives with the employee; or
To attend or accompany the employee’s child, stepchild, foster child or ward who lives with the employee, or the employee’s parent, spouse, or parent-in-law to routine medical or dental appointments; or
To accompany the employee’s parent, spouse or parent-in-law to other appointments for professional services related to their care and well-being; or
To respond to a medical emergency involving the employee’s child, stepchild, foster child or ward who lives with the employee, or the employee’s parent, spouse, or parent-in-law.

The Company may require that the leave be taken in a minimum of two (2) hour increments for the reasons above. The employee must make a reasonable attempt to schedule such appointments outside of regular working hours. If that is not possible, the employee must provide the Company with at least seven (7) days’ advance notice, except in the case of an emergency.

Victims of Crime Leave

The Company will grant reasonable and necessary unpaid leave from work to employees who are victims of a crime to attend or participate in legal proceedings pertaining to the crime. Affected employees must give the Company reasonable notice that leave under this policy is required. Employees may use unused, accrued PTO for purposes of this leave.

Wage Disclosure Protection

THIS IS NOT A CONTRACT