Governing Principles of Employment
1-1Introduction
For employees who are commencing employment with Supplement Manufacturing Partner, Inc. ("Supplement Manufacturing Partner, Inc." or "the Company"), on behalf of Supplement Manufacturing Partner, Inc., let me extend a warm and sincere welcome.
For employees who have been with us, thanks for your past and continued service.
I extend my personal best wishes for success and happiness here at Supplement Manufacturing Partner, Inc. We understand that it is our employees who provide the services that our customers rely upon, and who will enable us to create new opportunities in the years to come.
1-2Equal Employment Opportunity
Supplement Manufacturing Partner, Inc. is an Equal Opportunity Employer that does not discriminate on the basis of actual or perceived race, color, creed, religion, national origin, ancestry, citizenship status, age, sex or gender (including pregnancy, childbirth, pregnancy-related conditions, and lactation), gender identity or expression (including transgender status), sexual orientation, marital status, military service and veteran status, physical or mental disability, genetic information, or any other characteristic protected by applicable federal, state, or local laws and ordinances. Supplement Manufacturing Partner, Inc.'s 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.
Any employees with questions or concerns about equal employment opportunities in the workplace are encouraged to bring these issues to the attention of the Human Resources Administrator. Supplement Manufacturing Partner, Inc. will not allow any form of retaliation against employees who raise issues of equal employment opportunity. If employees feel they have been subjected to any such retaliation, they should contact the Human Resources Administrator. To ensure the workplace is free of artificial barriers, violation of this policy including any improper retaliatory conduct will lead to discipline, up to and including discharge. All employees must cooperate with all investigations conducted pursuant to this policy.
1-3Reasonable Accommodations & Interactive Dialogue
Supplement Manufacturing Partner, Inc. is committed to complying with applicable federal, state, and local laws governing reasonable accommodations of individuals, including, but not limited to, the Americans with Disabilities Act (ADA) and the Pregnant Workers Fairness Act (PWFA). To that end, Supplement Manufacturing Partner, Inc. will endeavor to make a reasonable accommodation to applicants and employees who have requested an accommodation or for whom Supplement Manufacturing Partner, Inc. has notice may require such an accommodation, related to an individual's:
Disability, meaning any physical, medical, mental, or psychological impairment, or a history or record of such impairment;
Sincerely held religious beliefs and practices;
Needs as a victim of domestic violence, sex offenses, or stalking;
Needs related to pregnancy, childbirth, or related medical conditions; and/or
Any other reason required by applicable law, unless the accommodation would impose an undue hardship on the operation of our business.
Reasonable accommodations can take many forms. For example, reasonable accommodations for pregnancy, childbirth, or related medical conditions include but are not limited to things such as the ability to carry or keep water near and drink, as needed; allowing the employee additional restroom breaks; allowing the employee whose work requires standing to sit and whose work requires sitting to stand; allowing the employee breaks, as needed, to eat and drink; accommodations related to lactation; time off to recover from childbirth; modification of equipment; appropriate seating; temporary transfer to a different position that the employee is able to perform; restructuring job duties; light duty; or a modified work schedule. Supplement Manufacturing Partner, Inc. will work with the employee to determine what accommodation is appropriate for the employee, given the employee's unique circumstances, that does not impose an undue hardship on Supplement Manufacturing Partner, Inc.
Any employee who would like to request an accommodation based on any of the reasons set forth above should contact the Human Resources Administrator. Accommodation requests can be made in writing using a form which can be obtained from the Human Resources Administrator. If the employee who has requested an accommodation has not received an initial response within five (5) business days, they should contact the Human Resources Administrator.
Unless otherwise required by law, Supplement Manufacturing Partner, Inc. may request that the employee provide supporting documentation. Cooperating with Supplement Manufacturing Partner, Inc. by returning requested information in a timely fashion is required.
After receiving a request for an accommodation or learning indirectly that the employee may require such an accommodation, Supplement Manufacturing Partner, Inc. will engage in an interactive dialogue with the employee.
Even if employee has not formally requested an accommodation, Supplement Manufacturing Partner, Inc. may initiate an interactive dialogue under certain circumstances, such as when Supplement Manufacturing Partner, Inc. has knowledge that employee's performance at work has been negatively affected and a reasonable basis to believe that the issue is related to any of the protected classifications set forth above, in compliance with applicable law. In the event Supplement Manufacturing Partner, Inc. initiates an interactive dialogue, it should not be construed as Supplement Manufacturing Partner, Inc.'s belief the employee requires an accommodation, but will serve as an invitation for the employee to share with Supplement Manufacturing Partner, Inc. any information the employee desires to share, or to request an accommodation.
The interactive dialogue may take place in person, by telephone, or by electronic means. As part of the interactive dialogue, Supplement Manufacturing Partner, Inc. will communicate openly and in good faith with the employee in a timely manner in order to determine whether and how Supplement Manufacturing Partner, Inc. may be able to provide a reasonable accommodation. To the extent necessary and appropriate based on the request, Supplement Manufacturing Partner, Inc. will attempt to explore the existence and feasibility of alternative accommodations as well as alternative positions for the employee. Supplement Manufacturing Partner, Inc. is not required to provide the specific accommodation sought by the employee, provided the alternatives are reasonable and either meet the specific needs of the employee or specifically address the employee's limitations.
Supplement Manufacturing Partner, Inc. will endeavor to keep confidential all communications regarding requests for reasonable accommodations and all circumstances surrounding the employee's underlying reason
for needing an accommodation.
Supplement Manufacturing Partner, Inc. will not allow any form of retaliation against employees who have requested an accommodation, for whom Supplement Manufacturing Partner, Inc. has notice may require such an accommodation, or who otherwise engage in the interactive dialogue process.
Employees with questions regarding this policy should contact the Human Resources Administrator.
1-4Pregnancy Accommodations
In compliance with New York law, Supplement Manufacturing Partner, Inc. will not discriminate against employees in relation to pregnancy, childbirth or related conditions and will endeavor to provide reasonable accommodations for any pregnancy-related conditions, unless doing so would impose an undue hardship on the operation of the Company's business.
Reasonable accommodations that may be provided include:
occasional breaks to rest or drink water;
a modified work schedule;
leave for related medical needs;
available light duty assignments; and
transfers away from hazardous duty.
The employee must cooperate in providing medical or other information that is necessary to verify the existence of the pregnancy-related condition or that is necessary for consideration of the accommodation. Such medical information will be kept confidential by the Company.
The Company will not require any employee to take leave because the employee is pregnant. If the employee takes medical leave due to a pregnancy-related condition or childbirth, the Company will hold the employee's job for the employee as long as the Company does for employees who take medical leave for other reasons.
The Company will not retaliate against any employee because the employee is pregnant or may become pregnant or change the terms, conditions and privileges of employment because of pregnancy, childbirth or related conditions. The Company also will not refuse to hire or to promote a candidate because the individual is pregnant or may become pregnant.
Employees with questions or concerns regarding this policy or who would like to request a reasonable accommodation pursuant to this policy should contact the Human Resources Administrator.
1-5Non-Harassment
It is Supplement Manufacturing Partner, Inc.'s policy to prohibit intentional and unintentional harassment of or against our employees, job applicants, and interns by another employee, manager, vendor, customer, or any third party on the basis of actual or perceived race, color, creed, religion, national origin, ancestry, citizenship status, age, sex or gender (including pregnancy, childbirth and pregnancy-related conditions), gender identity or expression (including transgender status), sexual orientation, marital status, military service and veteran status, physical or mental disability, genetic information, or any other characteristic protected by applicable federal, state, or local laws (referred to as "protected characteristics"). The policy also protects contractors, subcontractors, vendors, consultants, or anyone else providing services in our workplace. These individuals
include persons commonly referred to as independent contractors, gig workers, and temporary workers. Also included are persons providing equipment repair, cleaning services, or any other services through a contract with the Company. The Company also prohibits retaliation as defined below. All such conduct will not be tolerated by the Company.
Purpose and Goals
The Company is committed to a workplace free of harassment (including sexual harassment), discrimination, and retaliation. These behaviors are unacceptable in the workplace and in any work-related settings such as remote work settings, business trips, and Company-sponsored social functions, regardless of whether the conduct is engaged in by a manager, co-worker, client, customer, vendor, or other third party. In addition to being a violation of this policy, harassment (including sexual harassment) and retaliation based on any protected characteristic as defined by applicable federal, state, or local laws are unlawful. For example, sexual harassment and retaliation against an individual because the individual filed a complaint of sexual harassment or because an individual aided, assisted, or testified in an investigation or proceeding involving a complaint of sexual harassment are unlawful.
Sexual and other harassment, discrimination, and retaliation are against the law. After reading this policy, employees will understand their right to a workplace free from harassment. Employees also will learn what harassment, discrimination, and retaliation look like, what actions they can take to prevent and respond to discriminatory conduct, and how they are protected from retaliation after taking action. The policy also will explain the investigation process into any claims of harassment.
Sexual harassment is a form of workplace discrimination that subjects employees to inferior conditions of employment due to their gender, gender identity, gender expression (perceived or actual), and/or sexual orientation. Sexual harassment is often viewed simply as a form of gender-based discrimination, but the Company recognizes that discrimination can be related to or affected by other identities beyond gender. Under the New York State Human Rights Law, it is illegal to discriminate based on sex, sexual orientation, gender identity or expression, age, race, creed, color, national origin, military status, disability, pre-disposing genetic characteristics, familial status, marital status, criminal history, or status as a victim of domestic violence. Our different identities impact our understanding of the world and how others perceive us. For example, an individual's race, ability, or immigration status may impact their experience with gender discrimination in the workplace. The purpose of this policy is to teach employees to recognize discrimination, including discrimination due to an individual's intersecting identities, and provide the tools to take action when it occurs. All employees, managers, and managers are required to work in a manner designed to prevent sexual harassment and discrimination in the workplace.
Discrimination of any kind, including sexual harassment, is a violation of our policies, is unlawful, and may subject the Company to liability for the harm experienced by the targets of discrimination. Individuals may also be individually subject to liability for engaging in harassment, and employers or managers who fail to report or react on harassment may be liable for aiding and abetting such behavior.
Definition of Harassment
Harassment generally is defined in this policy as unwelcome verbal, visual, or physical conduct that denigrates or shows hostility or aversion toward an individual because of any actual or perceived protected characteristic or has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
Harassment can be verbal (including slurs, jokes, insults, epithets, gestures, or teasing), visual (including offensive posters, symbols, cartoons, drawings, computer displays, text messages, social media posts, or e-
mails) or physical conduct (including physically threatening another, blocking someone's way, etc.). Such conduct violates this policy, even if it does not rise to the level of a violation of applicable federal, state, or local laws. Because it is difficult to define unlawful harassment, employees are expected to behave at all times in a manner consistent with the intended purpose of this policy.
Definition of Sexual Harassment
Sexual harassment includes harassment on the basis of sex or gender (which includes pregnancy, childbirth, and related medical conditions), gender identity or gender expression (which includes transgender status), and/or sexual orientation. 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 or gender, gender identity or gender expression, and/or sexual orientation when:
Submission to that conduct or those advances or requests is made either explicitly or implicitly a term or condition of an individual's employment;
Submission to or rejection of the conduct or advances or requests by an individual is used as the basis for employment decisions affecting the individual (such as what shifts and how many hours employees might work, project assignments, as well as salary and promotion decisions); or
The conduct or advances or requests have the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
Sexual harassment is not limited to sexual contact, touching, or expressions of a sexually suggestive nature. Sexual harassment includes all forms of gender discrimination, including gender-role stereotyping and treating employees differently because of their gender. Sexual harassment does not have to be between members of the opposite sex or gender.
Understanding gender diversity is essential to recognizing sexual harassment because discrimination based on sex stereotypes, gender expression, and perceived identity are all forms of sexual harassment. The gender spectrum is nuanced, but the three (3) most common ways people identify are cisgender, transgender, and non-binary. A cisgender person is someone whose gender aligns with the sex they were assigned at birth. Generally, this gender will align with the binary of male or female. A transgender person is someone whose gender is different than the sex they were assigned at birth. A non-binary person does not identify exclusively as a man or a woman. They might identify as both, somewhere in between, or completely outside the gender binary. Some may identify as transgender, but not all do. Respecting an individual's gender identity is a necessary first step in establishing a safe workplace.
Sexual harassment can be verbal (including slurs, jokes, insults, epithets, gestures, or teasing), visual (including offensive posters, symbols, cartoons, drawings, computer displays, text messages, social media posts, or e-mails), or physical conduct (including physically threatening another) that denigrates or shows hostility or aversion towards an individual on the basis of sex or gender, gender identity or gender expression, and/or sexual orientation. Such conduct violates this policy, even if it is not unlawful. In New York, harassment does not need to be severe or pervasive to be illegal. Generally, any behavior in which an employee or covered individual is treated worse because of their gender, sexual orientation, or gender expression is considered a violation of Supplement Manufacturing Partner, Inc. policy. The intent of the behavior, for example, making a joke, does not neutralize a claim of harassment; in other words, not intending to harass someone is not a defense. What matters is the impact of the behavior on the individual to whom it is directed.
Employees and covered individuals should not feel discouraged from reporting harassment because they do not believe it is bad enough, or conversely because they do not want to see a colleague fired over less severe behavior. Just as harassment can happen in different degrees, potential discipline for engaging in sexual
harassment will depend on the degree of harassment and might include education and counseling. It may lead to suspension or termination when appropriate.
Examples of conduct that violate this policy include:
Unwelcome sexual advances, flirtations, leering, whistling, touching, pinching, assault, blocking normal movement;
Requests for sexual favors or demands for sexual favors in exchange for favorable treatment. This can include sexual advances/pressure placed on a service industry employee by customers or clients, especially in those industries where hospitality and tips are essential to the customer/employee relationship;
Obscene or vulgar gestures, posters, or comments;
Sexual jokes or comments about a person's body, sexual prowess, or sexual deficiencies;
Propositions or suggestive or insulting comments of a sexual nature;
Derogatory cartoons, posters, and drawings (including having such materials visible in the background of a remote workspace during a virtual meeting);
Sexually-explicit e-mails, text messages, or voicemails;
Uninvited touching of a sexual nature;
Unwelcome sexually-related comments;
Conversation about one's own or someone else's sex life or romantic history;
Repeated requests for dates or romantic gestures, including gift-giving;
Conduct or comments consistently targeted at only one (1) gender, even if the content is not sexual;
Teasing or other conduct directed toward a person because of the person's gender, gender identity, gender expression, or sexual orientation, 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, or name-calling;
Intentional misuse of an individual's preferred pronouns; or
Creating different expectations for individuals based on their perceived identities, such as:
Dress codes that place more emphasis on women's attire; or
Leaving parents/caregivers out of meetings;
Sex stereotyping, which occurs when someone's conduct or personality traits are judged based on other people's ideas or perceptions about how individuals of a particular sex should act or look:
Remarks regarding an employee's gender expression, such as wearing a garment typically associated with a different gender identity; or
Asking employees to take on traditionally gendered roles, such as asking a woman to serve meeting refreshments when it is not part of, or appropriate to, her job duties.
This list is just a sample of behaviors and should not be considered exhaustive. Any employee or covered individual who believes they have experienced sexual harassment, even if it does not appear on this list, should feel encouraged to report it. In addition, sexual harassment is not limited to interactions in person. Sexual harassment can occur when employees are working remotely from home as well. Harassment can happen on virtual meeting platforms, in messaging apps, and during non-working hours, and regardless of whether the
communication occurs on Supplement Manufacturing Partner, Inc.-owned or personal devices.
Sexual harassment does not happen in a vacuum and discrimination experienced by employees can be impacted by biases and identities beyond an individual's gender. For example:
Placing different demands or expectations on black women employees than white women employees can be both racial and gender discrimination;
An individual's immigration status may lead to perceptions of vulnerability and increased concerns around illegal retaliation for reporting sexual harassment; or
Past experiences as a survivor of domestic or sexual violence may lead an individual to feel re-traumatized by someone's behaviors in the workplace.
Individuals bring personal history with them to the workplace that might impact how they interact with certain behavior. It is especially important for all employees to be aware of how words or actions might impact someone with a different experience than their own in the interest of creating a safe and equitable workplace.
Definition of Retaliation
Retaliation is prohibited. No employee or covered individual should fear reporting sexual harassment if they believe it has occurred. Retaliation means adverse conduct taken because an individual reported an actual or perceived violation of this policy, opposed practices prohibited by this policy, or participated in the reporting and investigation process described below. Examples of retaliation may include but are not limited to:
Demotion, termination, denying accommodations, reduced hours, or the assignment of less desirable shifts;
Publicly releasing personnel files;
Refusing to provide a reference in a manner consistent with Supplement Manufacturing Partner, Inc. policy or practice or providing an unwarranted negative reference;
Labeling an employee as "difficult" and excluding them from projects to avoid "drama;"
Undermining an individual's immigration status;
Reducing work responsibilities, passing over for a promotion, or moving an individual's desk to a less desirable office location;
Threats of physical violence outside of work hours; and
Disparaging someone on social media.
Supervisory Responsibilities. Everyone must work toward preventing sexual harassment, but managers and managers have a special responsibility to prevent sexual harassment and discrimination. Every manager who learns of any employee's concern about conduct in violation of this policy, whether in a formal complaint or informally, or who otherwise is aware of conduct in violation of this policy, must immediately report the issues raised or conduct to (the Human Resources Administrator). Managers and managers should not be passive and wait for employees to make a claim of harassment. If they observe such behavior, they must act.
While managers and managers have a responsibility to report harassment and discrimination, managers and managers must be mindful of the impact that harassment and a subsequent investigation has on victims. Being identified as a possible victim of harassment and questioned about harassment discrimination can be intimidating, uncomfortable, and re-traumatizing for individuals. Managers and managers must accommodate the needs of individuals who have experienced harassment to ensure workplace is safe, supportive, and free from retaliation for them during and after any investigation.
Bystander Intervention. Any employee witnessing harassment as a bystander is encouraged to report it. There are five (5) standard methods of bystander intervention that can be used when anyone witnesses harassment or discrimination and wants to help:
A bystander can interrupt the harassment by engaging with the individual being harassed and distracting them from the harassing behavior;
A bystander who feels unsafe interrupting on their own can ask a third party to help intervene in the harassment;
A bystander can record or take notes on the harassment incident to benefit a future investigation;
A bystander might check in with the person who has been harassed after the incident, see how they are feeling, and let them know the behavior was not ok; and
If a bystander feels safe, they can confront the harassers and name the behavior as inappropriate. When confronting harassment, physically assaulting an individual is never an appropriate response.
Though not exhaustive and dependent on the circumstances, the guidelines above can serve as a brief guide of how to react when witnessing harassment in the workplace. Any employee witnessing harassment as a bystander is encouraged to report it. A manager or manager that is a bystander to harassment is required to report it.
Reporting Procedures Reporting Procedures
If the employee believes someone has violated this policy, the employee should promptly bring the matter to the immediate attention of the Chief Human Resource Officer by phone number 631-901-6239 or to the Human Resources Manager at the following address 41 Mercedes Way, Suite 15, Edgewood, NY, 11717 and phone number 631-308-6597. They may also reach out to [email protected] and/or [email protected].
If the person toward whom the complaint is directed is one of the individuals indicated above, employees should contact any higher-level manager in their reporting hierarchy.
Written complaints can be submitted internally using the form provided in this handbook. Use of this form is not required. For anyone who would rather make a complaint verbally, or by email, these complaints will be treated with equal priority. A verbal or otherwise written complaint (such as an email) on behalf of oneself or another employee is also acceptable.
If the employee makes a complaint under this policy and has not received an initial response within five (5) business days, the employee should contact the Chief Human Resource Officer immediately by phone number 631-901-6239 or email address [email protected]
Investigation Procedures
Upon receiving a complaint, the Company will promptly conduct a fair and thorough investigation into the facts and circumstances of any claim of a violation of this policy that is fair to all parties. To the extent possible, the Company will endeavor to keep the reporting individual's concerns confidential. However, complete confidentiality may not be possible in all circumstances. All individuals are required to cooperate in all investigations conducted pursuant to this policy.
During the investigation, the Company generally will interview the complainant and the accused, conduct further interviews as necessary and review any relevant documents or other information. The Company
recognizes that participating in a harassment investigation can be uncomfortable and has the potential to retraumatize an employee. Those receiving claims and leading investigations will handle complaints and questions with sensitivity toward those participating.
Upon completion of the investigation, the Company will determine whether this policy has been violated based upon its reasonable evaluation of the information gathered during the investigation. The Company will inform the complainant and the accused of the results of the investigation.
In the event the Company determines that a violation of this policy has occurred, the Company will take steps to ensure a safe work environment for the individuals who experienced the complained-of conduct. The Company will take corrective measures against any person who it finds to have engaged in conduct in violation of this policy, if the Company determines such measures are necessary. These measures may include, but are not limited to, counseling, suspension, or immediate termination. Anyone, regardless of position or title, whom the Company determines has engaged in conduct that violates this policy will be subject to discipline, up to and including termination. This includes individuals engaging in harassment (including sexual harassment) or retaliation, as well as managers who fail to report violations of this policy, or knowingly allow prohibited conduct to continue.
Legal Protections and External Remedies
An employee or covered individual who prefers not to report harassment to their manager or employer may choose to pursue external legal remedies. Complaints may be made to both the employer and a government agency. Aside from the internal complaint process at the Company, individuals may choose to pursue external legal remedies with the following governmental entities.
State Human Rights Law (HRL)
The Human Rights Law (HRL), codified as N.Y. Exec. Law, art. 15, § 290 et seq., applies to all employers in New York State with regard to sexual harassment, and protects employees paid or unpaid interns and non-employees regardless of immigration status. A complaint alleging violation of the HRL may be filed either with the New York State Division of Human Rights (NYSDHR) or in New York State Supreme Court.
Complaints with NYSDHR may be filed any time within three (3) years of the sexual harassment or within one
(1) year of any other harassment. If an individual did not file at NYSDHR, they can sue directly in state court under the HRL, within three (3) years of the alleged harassment. An individual may not file with NYSDHR if they have already filed a HRL complaint in state court.
Complaining internally to the Company does not extend the time to file with NYSDHR or in court.
An attorney is not needed to file a complaint with NYSDHR, and there is no cost to file with NYSDHR.
NYSDHR will investigate complaints and determine whether there is probable cause to believe that sexual harassment has occurred. Probable cause cases are forwarded to a public hearing before an administrative law judge. If sexual harassment is found after a hearing, NYSDHR has the power to award relief, which varies but may include requiring the employer to take action to stop the harassment, or redress the damage caused, including paying of monetary damages, attorney's fees, punitive damages, and civil fines.
The NYSDHR has established a toll-free confidential hotline to provide counsel and assistance to individuals who believe they are experiencing workplace sexual harassment. Employees can call the toll-free sexual harassment hotline at 1-800-HARASS-3 Monday through Friday, 9:00 AM to 5:00 PM.
NYSDHR's main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458; (718) 741-8400; www.dhr.ny.gov.
Contact NYSDHR at (888) 392-3644 or visit dhr.ny.gov/complaint for more information about filing a complaint. The website has a digital complaint process that can be completed on your computer or mobile device from start to finish. The website also has a complaint form that can be downloaded, filled out, notarized, and mailed to NYSDHR. The website also contains contact information for NYSDHR'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. If the EEOC determines that the law may have been violated, the EEOC will try to reach a voluntary settlement with the employer. If the EEOC cannot reach a settlement, the EEOC (or the Department of Justice in certain cases) will decide whether to file a lawsuit. The EEOC will issue a Right to Sue letter permitting the individual to file a complaint in federal court if the EEOC closes the charge, is unable to determine if federal employment discrimination laws may have been violated or believes that unlawful discrimination occurred but does not file a lawsuit.
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 individual 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 [email protected].
If an individual filed an administrative complaint with NYSDHR, NYSDHR 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. An individual should contact the county, city, or town in which they live to find out if such a law exists. For example, those who work in New York City may file complaints of sexual harassment with the New York City Commission on Human Rights. Contact their main office at Law Enforcement Bureau of the New York City Commission on Human Rights, 40 Rector Street, 10th Floor, New York, New York; call 311 or (212) 306-7450; or visit https://www1.nyc.gov/site/cchr/index.page.
Local Police Department Contact
If the harassment involves unwanted physical touching, coerced physical confinement, or coerced sex acts, the conduct may constitute a crime.
Employees should contact the local police department if they wish to pursue criminal charges.
This policy is aimed at providing employees and covered individuals an understanding of their right to a discrimination and harassment free workplace. All employees should feel safe at work. Though the focus of this policy is on sexual harassment and gender discrimination, the HRL protects against discrimination in several protected classes including sex, sexual orientation, gender identity or expression, age, race, creed, color, national origin, military status, disability, pre-disposing genetic characteristics, familial status, marital
status, criminal history, or domestic violence survivor status. The prevention policies outlined above should be considered applicable to all protected classes. Remember, Supplement Manufacturing Partner, Inc. cannot remedy claimed sexual or other harassment, discrimination, or retaliation unless an employee brings these claims to the attention of management. Employees should report any conduct which they believe violates this policy.
SEXUAL AND OTHER HARASSMENT COMPLAINT FORM
If you believe that you have been subjected to sexual or other harassment, you are encouraged to complete this form and submit it to the Chief Human Resource Officer . If you are more comfortable reporting verbally or in another manner, you may do so and can follow the guidelines set forth in the Company policy. You will not be retaliated against for filing a complaint. Once a complaint is received, the Company will follow the investigation process described in our policy.
General Information
Your Name / Job Title:
Your Department / Manager:
Preferred Communication Method (if via e-mail or phone, please provide contact info):
Complaint Information
Please tell us who you believe has violated our policy against sexual and other harassment. What is their relationship to you (e.g., Manager, 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.
Please provide specific date(s) when the alleged sexual or other harassment occurred. Additionally, please advise if the alleged sexual or other harassment is continuing?
Please list the name and contact information of any witnesses or individuals who may have information related to your complaint.
This last question is optional, but may help the investigation.
Have you previously complained or provided information (verbal or written) about 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:
1-6Drug-Free and Alcohol-Free Workplace
To help ensure a safe, healthy and productive work environment for our employees and others, to protect Company property, and to ensure efficient operations, Supplement Manufacturing Partner, Inc. has adopted a policy of maintaining a workplace free of drugs and alcohol. This policy applies to all employees and other individuals who perform work for the Company.
The unlawful or unauthorized use, abuse, solicitation, theft, possession, transfer, purchase, sale or distribution of controlled substances (including medical marijuana), drug paraphernalia or alcohol by an individual anywhere on Company premises, while on Company business (whether or not on Company premises) or while representing the Company, is strictly prohibited. Employees and other individuals who work for the Company also are prohibited from reporting to work or working while they are using or under the influence of alcohol or
any controlled substances, which may impact the employee's ability to perform their job or otherwise pose safety concerns, except when the use is pursuant to a licensed medical practitioner's instructions and the licensed medical practitioner authorized the employee or individual to report to work. However, this exception does not extend any right to report to work under the influence of medical marijuana or to use medical marijuana as a defense to a positive drug test, to the extent the employee is subject to any drug testing requirement, except as permitted by and in accordance with applicable law.
Violation of this policy will result in disciplinary action, up to and including discharge.
The Company maintains a policy of non-discrimination and will endeavor to make reasonable accommodations to assist individuals recovering from substance and alcohol dependencies, and those who have a medical history which reflects treatment for substance abuse conditions. However, employees may not request an accommodation to avoid discipline for a policy violation. We encourage employees to seek assistance before their substance abuse or alcohol misuse renders them unable to perform the essential functions of their jobs, or jeopardizes the health and safety of any Company employee, including themselves.
1-7Workplace Violence
Supplement Manufacturing Partner, Inc. is strongly committed to providing a safe workplace. The purpose of this policy is to minimize the risk of personal injury to employees and damage to Company and personal property.
Supplement Manufacturing Partner, Inc. does not expect employees to become experts in psychology or to physically subdue a threatening or violent individual. Indeed, Supplement Manufacturing Partner, Inc. specifically discourages employees from engaging in any physical confrontation with a violent or potentially violent individual. However, Supplement Manufacturing Partner, Inc. does expect and encourage employees to exercise reasonable judgment in identifying potentially dangerous situations.
Experts in the mental health profession state that prior to engaging in acts of violence, troubled individuals often exhibit one or more of the following behaviors or signs: over-resentment, anger and hostility; extreme agitation; making ominous threats such as bad things will happen to a particular person, or a catastrophic event will occur; sudden and significant decline in work performance; irresponsible, irrational, intimidating, aggressive or otherwise inappropriate behavior; reacting to questions with an antagonistic or overtly negative attitude; discussing weapons and their use, and/or brandishing weapons in the workplace; overreacting or reacting harshly to changes in Company policies and procedures; personality conflicts with co-workers; obsession or preoccupation with a co-worker or manager; attempts to sabotage the work or equipment of a co-worker; blaming others for mistakes and circumstances; or demonstrating a propensity to behave and react irrationally.
Prohibited Conduct
Threats, threatening language or any other acts of aggression or violence made toward or by any Company employee WILL NOT BE TOLERATED. For purposes of this policy, a threat includes any verbal or physical harassment or abuse, any attempt at intimidating or instilling fear in others, menacing gestures, flashing of weapons, stalking or any other hostile, aggressive, injurious or destructive action undertaken for the purpose of domination or intimidation. To the extent permitted by law, employees and visitors are prohibited from carrying weapons onto Company premises.
Procedures for Reporting a Threat
All potentially dangerous situations, including threats by co-workers, should be reported immediately to any
member of management with whom the employee feels comfortable. Reports of threats may be maintained confidential to the extent maintaining confidentiality does not impede Supplement Manufacturing Partner, Inc.'s ability to investigate and respond to the complaints. All threats will be promptly investigated. All employees must cooperate with all investigations. No employee will be subjected to retaliation, intimidation or disciplinary action as a result of reporting a threat in good faith under this policy.
If the Company determines, after an appropriate good faith investigation, that someone has violated this policy, the Company will take swift and appropriate corrective action.
If the employee is the recipient of a threat made by an outside party, that employee should follow the steps detailed in this section. It is important for the Company to be aware of any potential danger in its offices. Indeed, the Company wants to take effective measures to protect everyone from the threat of a violent act by employees or by anyone else.
1-8Federal Contractors: Pay Transparency
The contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is: 1) in response to a formal complaint or charge; 2) in furtherance of an investigation, proceeding, hearing or action, including an investigation conducted by the employer; or 3) consistent with the contractor's legal duty to furnish information.
1-9Reproductive Health Decision Making Discrimination
Supplement Manufacturing Partner, Inc. may not:
discriminate or take any retaliatory personnel action against employees with respect to compensation, terms, conditions or privileges of employment because of, or on the basis of, the employee's or dependent's reproductive health decision making, including but not limited to a decision to use or access a particular drug, device or medical service; or
require employees to sign a waiver or other document that purports to deny employees the right to make their own reproductive health care decisions, including use of a particular drug, device or medical service.
The Company also may not access the employee's personal information regarding the employee's or the dependent's reproductive health decision making, including but not limited to the decision to use or access a particular drug, device or medical service without the employee's prior informed affirmative written consent.
Employees may bring a civil action in any court of competent jurisdiction against the Company for any alleged violations of this policy. In any civil action alleging a violation of this policy, the court may: award damages, including, but not limited to, back pay, benefits and reasonable attorneys' fees and costs incurred to a prevailing plaintiff; afford injunctive relief against the Company if it commits or proposes to commit a violation of the provisions of this policy; order reinstatement; and/or award liquidated damages equal to 100 percent of the award for damages unless the Company proves a good faith basis to believe that its actions in violation of this policy were in compliance with the law.
Any act of retaliation for employees exercising any rights granted under this policy shall subject the Company to separate civil penalties. For the purposes of this policy, retaliation or retaliatory personnel action means discharging, suspending, demoting or otherwise penalizing employees for: making or threatening to make a complaint to the Company, co-worker or to a public body, that rights guaranteed under this policy have been violated; causing to be instituted any proceeding under or related to this policy; or providing information to or testifying before any public body conducting an investigation, hearing or inquiry into any such violation of a law, rule or regulation by the Company.
Employees with issues or concerns regarding this policy or who feel they have been subjected to any alleged violation of this policy should contact Human Resources.
Leaves of Absence
2-1Personal Leave
If employees are ineligible for any other Company leave of absence, Supplement Manufacturing Partner, Inc., under certain circumstances, may grant a personal leave of absence without pay. A written request for a personal leave should be presented to management at least two (2) weeks before the anticipated start of the leave. If the leave is requested for medical reasons and employees are not eligible for leave under the federal Family and Medical Leave Act (FMLA) or any state leave law, medical certification also must be submitted. The request will be considered on the basis of staffing requirements and the reasons for the requested leave, as well as performance and attendance records. Normally, a leave of absence will be granted for a period of up to eight (8) weeks. However, personal leave may be extended if, prior to the end of leave, employees submit a written request for an extension to management and the request is granted. During the leave, employees will not earn vacation, personal days, or sick days. Health insurance coverage is subject to the terms of the plan documents.
When the employee anticipates returning to work, he or she should notify management of the expected return date. This notification should be made at least one week before the end of the leave.
Upon completion of the personal leave of absence, Company will attempt to return employees to their original job or a similar position, subject to prevailing business considerations. Reinstatement, however, is not guaranteed.
Failure to advise management of availability to return to work, failure to return to work when notified or a continued absence from work beyond the time approved by Company will be considered a voluntary resignation of employment.
Personal leave runs concurrently with any Company-provided Short-Term Disability Leave of Absence.
2-2Military Leave
If employees are called into active military service or enlist in the uniformed services, they will be eligible to receive an unpaid military leave of absence. To be eligible for military leave, employees must provide management with advance notice of service obligations unless they are prevented from providing such notice by military necessity or it is otherwise impossible or unreasonable to provide such notice. Provided the absence does not exceed applicable statutory limitations, employees will retain reemployment rights and accrue seniority and benefits in accordance with applicable federal and state laws. Employees should ask management for further information about eligibility for Military Leave.
If employees are required to attend yearly Reserves or National Guard duty, they can apply for an unpaid temporary military leave of absence not to exceed the number of days allowed by law (including travel). They should give management as much advance notice of their need for military leave as possible so that Supplement Manufacturing Partner, Inc. can maintain proper coverage while employees are away.
2-3Family Military Leave
Employees who work an average of at least 20 hours per week and are spouses of military members generally are entitled to up to 10 days of unpaid leave during any period when the spouse in the military is on leave from active duty. Prior notice is requested for staffing reasons. Employees will not be retaliated against for exercising their rights under this policy.
Leave runs concurrently with FMLA Qualifying Exigency leave to the extent both are applicable.
2-4Bone Marrow Donation Leave
Employees who work 20 or more hours per week are entitled to up to 24 hours of unpaid leave for the purposes of donating bone marrow. Verification of donation and the length of necessary leave may be required by the Company. Reasonable notice of leave must be provided. Employees may use accrued paid time off for this purpose.
2-5Family and Medical Leave
The Leave Policy
Employees may be entitled to a leave of absence under the Family and Medical Leave Act (FMLA). This policy provides employees information concerning FMLA entitlements and obligations employees may have during such leaves. If employees have any questions concerning FMLA leave, they should contact their manager or ADP TotalSource.
Eligibility
FMLA leave is available to "eligible employees." To be an "eligible employee," an employee must: 1) have been employed by a covered Company* for at least 12 months (which need not be consecutive); 2) have been employed by the Company for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the leave; and 3) be employed at a worksite where 50 or more employees are located within 75 miles of the worksite.
*Note a covered Company is one which has employed 50 or more employees for at least 20 workweeks in the current or preceding calendar year.
Entitlements
The FMLA provides eligible employees with a right to leave, applicable health insurance benefits and, with some limited exceptions, job restoration. The FMLA also entitles employees to certain written notices concerning their potential eligibility for and designation of FMLA leave.
Basic FMLA Leave Entitlement:
The FMLA provides eligible employees up to 12 workweeks of unpaid leave for certain family and medical reasons during a 12-month period. The 12-month period is determined based on a rolling 12-month period measured backward from the date an employee uses their FMLA leave. Leave may be taken for any one, or for a combination, of the following reasons:
To care for the employee's child after birth or placement for adoption or foster care;
To care for the employee's spouse, child or parent (but not in-law) who has a serious health condition;
For the employee's own serious health condition (including any period of incapacity due to pregnancy, prenatal medical care or childbirth) that makes the employee unable to perform one or more of the essential functions of the employee's job; and/or
Because of any qualifying exigency arising out of the fact that an employee's spouse, child or parent is a covered military member on covered active duty or called to covered active duty status (or has been notified of an impending call or order to covered active duty) in the Reserves component of the Armed Forces in support of contingency operations or Regular Armed Forces for deployment to a foreign country. This leave also is available for family members of active duty service members.
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 visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, caring for the parents of the military member on covered active duty and attending post-deployment reintegration briefings.
Additional Military Family Leave Entitlement (Injured Servicemember Leave)
In addition to the basic FMLA leave entitlement discussed above, an eligible employee who is the spouse, child, parent or next of kin of a covered servicemember is entitled to take up 26 weeks of leave during a single 12-month period to care for the servicemember with a serious injury or illness. Leave to care for a servicemember shall only be available during a single-12 month period and, when combined with other FMLA-qualifying leave, may not exceed 26 weeks during the single 12-month period. The single 12-month period begins on the first day an eligible employee takes leave to care for the injured servicemember.
A "covered servicemember" is a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status or is on the temporary retired list, for a serious injury or illness. These individuals are referred to in this policy as "current members of the Armed Forces."
Covered servicemembers also include a veteran who is discharged or released from military services under condition other than dishonorable at any time during the five years preceding the date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation or therapy for a serious injury or illness. These individuals are referred to in this policy as "covered veterans."
The FMLA definitions of a "serious injury or illness" for current Armed Forces members and covered veterans are distinct from the FMLA definition of "serious health condition" applicable to FMLA leave to care for a covered family member.
Intermittent Leave and Reduced Leave Schedules
FMLA leave usually will be taken for a period of consecutive days, weeks or months. However, employees also are entitled to take FMLA leave intermittently or on a reduced leave schedule when medically necessary
due to a serious health condition of the employee or covered family member or the serious injury or illness of a covered servicemember.
No Work While on Leave
The taking of another job while on family/medical leave or any other authorized leave of absence is grounds for immediate termination, to the extent permitted by law.
Protection of Group Health Insurance Benefits
During FMLA leave, eligible employees are entitled to receive group health plan coverage (if applicable) on the same terms and conditions as if they had continued to work.
Restoration of Employment and Benefits
At the end of FMLA leave, subject to some exceptions including situations where job restoration of "key employees" will cause the Company substantial and grievous economic injury, employees generally have a right to return to the same or equivalent positions with equivalent pay, benefits and other employment terms. The Company will notify employees if they qualify as "key employees," if it intends to deny reinstatement, and of their rights in such instances. Use of FMLA leave will not result in the loss of any employment benefit that accrued prior to the start of an eligible employee's FMLA leave.
Notice of Eligibility for, and Designation of, FMLA Leave
Employees requesting FMLA leave are entitled to receive written notice from the Company telling them whether they are eligible for FMLA leave and, if not eligible, the reasons why they are not eligible. When eligible for FMLA leave, employees are entitled to receive written notice of: 1) their rights and responsibilities in connection with such leave; 2) the Company's designation of leave as FMLA-qualifying or non-qualifying, and if not FMLA-qualifying, the reasons why; and 3) the amount of leave, if known, that will be counted against the employee's leave entitlement.
The Company may retroactively designate leave as FMLA leave with appropriate written notice to employees provided the Company's failure to designate leave as FMLA-qualifying at an earlier date did not cause harm or injury to the employee. In all cases where leaves qualify for FMLA protection, the Company and employee can mutually agree that leave be retroactively designated as FMLA leave.
Employee FMLA Leave Obligations
Provide Notice of the Need for Leave
Employees who take FMLA leave must timely notify the Company of their need for FMLA leave. The following describes the content and timing of such employee notices.
Content of Employee Notice
To trigger FMLA leave protections, employees must inform their manager of Human Resources of the need for FMLA-qualifying leave and the anticipated timing and duration of the leave, if known. Employees may do this by either requesting FMLA leave specifically, or explaining the reasons for leave so as to allow the Company to determine that the leave is FMLA-qualifying. For example, employees might explain that:
a medical condition renders them unable to perform the functions of their job;
they are pregnant or have been hospitalized overnight;
they or a covered family member are under the continuing care of a health care provider;
the leave is due to a qualifying exigency cause by a covered military member being on active duty or called to active duty status; or
if the leave is for a family member, that the condition renders the family member unable to perform daily activities or that the family member is a covered servicemember with a serious injury or illness.
Calling in "sick," without providing the reasons for the needed leave, will not be considered sufficient notice for FMLA leave under this policy. Employees must respond to the Company's questions to determine if absences are potentially FMLA-qualifying.
If employees fail to explain the reasons for FMLA leave, the leave may be denied. When employees seek leave due to FMLA-qualifying reasons for which the Company has previously provided FMLA-protected leave, they must specifically reference the qualifying reason for the leave or the need for FMLA leave.
Timing of Employee Notice
Employees must provide 30 days' advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days' notice is not possible, or the approximate timing of the need for leave is not foreseeable, employees must provide the Company notice of the need for leave as soon as practicable under the facts and circumstances of the particular case. Employees, who fail to give 30 days' notice for foreseeable leave without a reasonable excuse for the delay, or otherwise fail to satisfy FMLA notice obligations, may have FMLA leave delayed or denied.
Cooperate in the Scheduling of Planned Medical Treatment (Including Accepting Transfers to Alternative Positions) and Intermittent Leave or Reduced Leave Schedules
When planning medical treatment, employees must consult with the Company and make a reasonable effort to schedule treatment so as not to unduly disrupt the Company's operations, subject to the approval of an employee's health care provider. Employees must consult with the Company prior to the scheduling of treatment to work out a treatment schedule that best suits the needs of both the Company and the employees, subject to the approval of an employee's health care provider. If employees providing notice of the need to take FMLA leave on an intermittent basis for planned medical treatment neglect to fulfill this obligation, the Companymay require employees to attempt to make such arrangements, subject to the approval of the employee's health care provider.
When employees take intermittent or reduced work schedule leave for foreseeable planned medical treatment for the employee or a family member, including during a period of recovery from a serious health condition or to care for a covered servicemember, the Company may temporarily transfer employees, during the period that the intermittent or reduced leave schedules are required, to alternative positions with equivalent pay and benefits for which the employees are qualified and which better accommodate recurring periods of leave.
When employees seek intermittent leave or a reduced leave schedule for reasons unrelated to the planning of medical treatment, upon request, employees must advise the Company of the reason why such leave is medically necessary. In such instances, the Company and employee shall attempt to work out a leave schedule that meets the employee's needs without unduly disrupting the Company's operations, subject to the approval of the employee's health care provider.
Submit Medical Certifications Supporting Need for FMLA Leave (Unrelated to Requests for Military Family Leave)
Depending on the nature of FMLA leave sought, employees may be required to submit medical certifications supporting their need for FMLA-qualifying leave. As described below, there generally are three types of
FMLA medical certifications: an initial certification, a recertification and a return to work/fitness for duty certification.
It is the employee's responsibility to provide the Company with timely, complete and sufficient medical certifications. Whenever the Company requests employees to provide FMLA medical certifications, employees must provide the requested certifications within 15 calendar days after the Company's request, unless it is not practicable to do so despite an employee's diligent, good faith efforts. The Company shall inform employees if submitted medical certifications are incomplete or insufficient and provide employees at least seven calendar days to cure deficiencies. The Company will deny FMLA leave to employees who fail to timely cure deficiencies or otherwise fail to timely submit requested medical certifications.
With the employee's permission, the Company (through individuals other than an employee's direct manager) may contact the employee's health care provider to authenticate or clarify completed and sufficient medical certifications. If employees choose not to provide the Company with authorization allowing it to clarify or authenticate certifications with health care providers, the Company may deny FMLA leave if certifications are unclear.
Whenever the Company deems it appropriate to do so, it may waive its right to receive timely, complete and/or sufficient FMLA medical certifications.
Initial Medical Certifications
Employees requesting leave because of their own, or a covered relation's, serious health condition, or to care for a covered servicemember, must supply medical certification supporting the need for such leave from their health care provider or, if applicable, the health care provider of their covered family or service member. If employees provide at least 30 days' notice of medical leave, they should submit the medical certification before leave begins. A new initial medical certification will be required on an annual basis for serious medical conditions lasting beyond a single leave year.
If the Company has reason to doubt initial medical certifications, it may require employees to obtain a second opinion at the Company's expense. If the opinions of the initial and second health care providers differ, the Company may, at its expense, require employees to obtain a third, final and binding certification from a health care provider designated or approved jointly by the Company and the employee.
Medical Recertifications
Depending on the circumstances and duration of FMLA leave, the Company may require employees to provide recertification of medical conditions giving rise to the need for leave. The Company will notify employees if recertification is required and will give employees at least 15 calendar days to provide medical recertification.
Return to Work/Fitness for Duty Medical Certifications
Unless notified that providing such certifications is not necessary, employees returning to work from FMLA leaves that were taken because of their own serious health conditions that made them unable to perform their jobs must provide the Company medical certification confirming they are able to return to work and the employees' ability to perform the essential functions of the employees' position, with or without reasonable accommodation. The Company may delay and/or deny job restoration until employees provide return to work/fitness for duty certifications.
Submit Certifications Supporting Need for Military Family Leave
Upon request, the first time employees seek leave due to qualifying exigencies arising out of the active duty or call to active duty status of a covered military member, the Company may require employees to provide: 1) a
copy of the covered military member's active duty orders or other documentation issued by the military indicating the covered military member is on active duty or call to active duty status and the dates of the covered military member's active duty service; and 2) a certification from the employee setting forth information concerning the nature of the qualifying exigency for which leave is requested. Employees shall provide a copy of new active duty orders or other documentation issued by the military for leaves arising out of qualifying exigencies arising out of a different active duty or call to active duty status of the same or a different covered military member.
When leave is taken to care for a covered servicemember with a serious injury or illness, the Company may require employees to obtain certifications completed by an authorized health care provider of the covered servicemember. In addition, and in accordance with the FMLA regulations, the Company may request that the certification submitted by employees set forth additional information provided by the employee and/or the covered servicemember confirming entitlement to such leave.
Reporting Changes to Anticipated Return Date & Periodically Concerning Intent to Return to Work
Employees must contact Human Resources at [email protected] periodically in accordance with the instructions noted on the Eligibility Notice regarding their status and intention to return to work at the end of the FMLA leave period. If an employee's anticipated return to work date changes and it becomes necessary for the employee to take more or less leave than originally anticipated, the employee must provide the Company reasonable notice (i.e., within two business days) of the employee's changed circumstances and new return to work date. If employees give the Company unequivocal notice of their intent not to return to work, they will be considered to have voluntarily resigned and the Company's obligation to maintain applicable health benefits (subject to COBRA requirements) and to restore their positions will cease.
Substitute Paid Leave for Unpaid FMLA Leave
Employees must (unless the Company specifically informs employees otherwise) use any accrued paid time off while taking unpaid FMLA leave. The substitution of paid time for unpaid FMLA leave time does not extend the length of FMLA leaves and the paid time will run concurrently with an employee's FMLA entitlement.
Leaves of absence taken in connection with a disability leave plan or workers' compensation injury/illness shall run concurrently with any FMLA leave entitlement. Upon written request, the Company will allow employees to use accrued paid time off to supplement any paid disability benefits.
Pay Employee's Share of Health Insurance Premiums
During FMLA leave, employees are entitled to continued group health plan coverage (if applicable) under the same conditions as if they had continued to work. Unless the Company notifies employees of other arrangements, whenever employees are receiving pay from the Company during FMLA leave, the Company will deduct the employee portion of the group health plan premium from the employee's paycheck in the same manner as if the employee was actively working.
If FMLA leave is unpaid, employees must pay their portion of the group health premium through a ''pay-as-you-go'' method. Employees should contact their immediate manager to make these arrangements.
The Company's obligation to maintain health care coverage ceases if an employee's premium payment is more than 30 days late. If an employee's payment is more than 15 days late, the Company will send a letter notifying the employee that coverage will be dropped on a specified date unless the co-payment is received before that date. If employees do not return to work within 30 calendar days at the end of the leave period (unless employees cannot return to work because of a serious health condition or other circumstances beyond their control), they will be required to reimburse the Company for the cost of the premiums the Company paid for
maintaining coverage during their unpaid FMLA leave.
Exemption for Highly Compensated Employees
The Company may choose not to return highly compensated employees (highest paid 10% of employees at a worksite or within 75 miles of that worksite) to their former or equivalent positions following a leave if restoration of employment will cause substantial economic injury to the Company. (This fact-specific determination will be made by the Company on a case-by-case basis.) The Company will notify you if you qualify as a "highly compensated" employee, if the Company intends to deny reinstatement, and of your rights in such instances.
Questions and/or Complaints about FMLA Leave
If you have questions regarding this FMLA policy, please contact your manager or HR, or email: [email protected]. The Company is committed to complying with the FMLA and, whenever necessary, shall interpret and apply this policy in a manner consistent with the FMLA.
The FMLA makes it unlawful for employers to: 1) interfere with, restrain or deny the exercise of any right provided under FMLA; or 2) discharge or discriminate against any person for opposing any practice made unlawful by FMLA or involvement in any proceeding under or relating to FMLA. If employees believe their FMLA rights have been violated, they should contact ADP TotalSource immediately. The Company will investigate any FMLA complaints and take prompt and appropriate remedial action to address and/or remedy any FMLA violation. Employees also may file FMLA complaints with the United States Department of Labor or may bring private lawsuits alleging FMLA violations.
Coordination of FMLA Leave with Other Leave Policies
The FMLA does not affect any federal, state or local law prohibiting discrimination, or supersede any State or local law that provides greater family or medical leave rights. For additional information concerning leave entitlements and obligations that might arise when FMLA leave is either not available or exhausted, please consult the Company's other leave policies in your Company handbook as applicable or contact your manager or ADP TotalSource.
2-6Blood Donation Leave
Employees who work an average of at least 20 hours per week are eligible for up to three (3) hours of unpaid leave in any 12-month period for donating blood. Employees must provide advance notice of at least three (3) working days of their intention to avail themselves of this leave, except in emergency situations. Employees may use accrued paid time off for this purpose.
2-7State Paid Family Leave
Eligibility Requirements
Employees who have a regular work schedule of 20 or more hours per week and have been employed at least 26 consecutive weeks before the date Paid Family Leave (PFL) begins (or who have a regular work schedule of less than 20 hours per week and have worked at least 175 days to the date PFL begins) are eligible for PFL. Paid time off can be counted toward the employee's eligibility determination. Employees are eligible for PFL regardless of citizenship and/or immigration status. Employees have the option to file a waiver of PFL and therefore not be subject to deductions when their regular employment schedule is:
20 or more hours per week but the employee will not work 26 consecutive weeks; or
Fewer than 20 hours per week and the employee will not work 175 days in a 52-consecutive-week period.
Entitlement
PFL is available to eligible employees for up to 12 weeks within any 52-consecutive-week period. PFL is available for any of the following reasons:
To participate in providing care, including physical or psychological care, for the employee's family member (child, spouse, domestic partner, parent, sibling, grandchild, or grandparent) with a serious health condition;
To bond with the employee's child during the first 12 months after the child's birth, adoption, or foster care placement; or
For qualifying exigencies, as interpreted by the Family and Medical Leave Act (FMLA), arising out of the fact that the employee's spouse, domestic partner, child, or parent is on active duty (or has been notified of an impending call or order to active duty) in the armed forces of the United States.
For purposes of this policy, family member includes the employee's child, spouse, domestic partner, parent, grandchild, grandparent, or sibling "Child" means a biological, adopted, or foster son or daughter, a stepson or stepdaughter, a legal ward, a son or daughter of a domestic partner, or the person to whom the employee stands in loco parentis. "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. "Grandchild" means a child of the employee's child. "Grandparent" means a parent of the employee's parent. "Sibling" means a biological or adopted sibling, a half-sibling, or stepsibling.
The 52-consecutive-week period is determined retroactively with respect to each day for which PFL benefits are currently being claimed.
PFL benefits are financed solely through employee contributions via payroll deductions.
The weekly monetary benefit will be 67 percent of the employee's average weekly wage up to 67 percent of the state average weekly wage.
The Company and the employee may agree to allow the employee to supplement PFL benefits up to their full salary with paid time off, to the maximum extent permitted by applicable law.
The employee who is eligible for both statutory short-term disability benefits and PFL during the same period of 52-consecutive-calendar weeks may not receive more than 26 total weeks of disability and PFL benefits during that period of time. Statutory short-term disability benefits and PFL benefits may not be used concurrently. If the employee is unable to work and qualifies for workers' compensation benefits, the employee may not use PFL benefits at the same time the employee is receiving workers' compensation benefits. The employee receiving reduced earnings may be eligible for PFL.
PFL may not be taken for any one (1) of, or for a combination of, the following reasons:
For a birth mother's pregnancy or prenatal conditions;
For the employee's own health condition; and/or
For the employee's own qualifying military event.
Definition of a Serious Health Condition
A serious health condition is an illness, injury, impairment, or physical or mental condition, including transplantation, preparation, and recovery from surgery related to organ or tissue donation, that involves inpatient care in a hospital, hospice, or residential health care facility; or continuing treatment or continuing supervision by a health care provider.
Use of Leave
The employee does not need to use this leave entitlement in one (1) block. Leave can be taken intermittently in daily increments. Leave taken on an intermittent basis will not result in a reduction of the total amount of leave to which the employee is entitled beyond the amount of leave actually taken.
Employee Responsibilities
The employee must provide 30 days' advance notice before the date leave is to begin if the qualifying event is foreseeable. When 30 days' notice is not practicable for reasons such as a lack of knowledge of approximately when leave will be required to begin, a change in circumstances, or a medical emergency, the employee must provide notice as soon as practicable and generally must comply with the Company's normal call-in procedures. Failure by the employee to give 30 days' advance notice of a foreseeable event may result in partial denial of the employee's benefits for a period of up to 30 days from the date notice is provided.
Employees must provide sufficient information to make the Company aware of the qualifying event and the anticipated timing and duration of the leave. Employees must specifically identify the type of family leave requested. Employees also must provide medical certifications and periodic recertification or other supporting documentation or certifications supporting the need for leave. The employee requesting PFL must submit a completed Request for Paid Family Leave or PFL-1 form and additional certification form(s) as follows to the Company's insurance carrier: 1) Bonding Certification: PFL-2 Form plus documentation; 2) Health Care Provider Certification: PFL-4 Form plus Personal Health Information (PHI) Release (PFL-3 Form); or 3) Military Qualifying Event: PFL-5 Form plus documentation. These documents are available from Human Resources.
To submit a request for PFL, employees must complete the employee's portion of the insurance carrier's PFL-1 Form and submit it to Human Resources. The Company will complete its section of the form and will return it to the employee within three (3) business days. If the Company fails to respond, employees may submit all materials directly to the insurance carrier. Depending on the type of PFL leave employees are seeking, employees will be required to complete additional PFL forms as described in the communication that employees will receive from the insurance carrier. Employees must submit the completed PFL forms before or within 30 days after the start of their leave. The insurance carrier must pay or deny leave requests within 18 calendar days of receiving the employee's completed forms.
Job Benefits and Protection
During any PFL taken pursuant to this policy, the Company will maintain coverage under any existing group health insurance benefits plan as if the employee had continued to work. The employee must make arrangements with Human Resources prior to taking leave to pay their portion of any applicable health insurance premiums each month.
The Company's obligation to maintain health insurance coverage ceases if the employee's premium payment is more than 30 days late. If the employee's payment is more than 15 days late, the Company will send a letter notifying the employee that coverage will be dropped on a specified date unless the co-payment is received before that date.
Employees who exercise their right to PFL will, upon the expiration of that leave, be entitled to be restored to the position they held when the leave commenced, or to a comparable position with comparable benefits, pay, and other terms and conditions of employment. The taking of leave covered by PFL will not result in the loss of any employment benefit accrued before the date on which the leave commenced. While on PFL, employees will not continue to accrue sick or vacation time.
Leave Concurrent with FMLA
The Company will require the employee, who is entitled to leave under both the FMLA and PFL, to take PFL concurrently with any leave taken pursuant to the FMLA. When the total hours taken for FMLA in less than full-day increments reaches the number of hours in the employee's usual workday, the Company may deduct one (1) day of PFL from the employee's annual available PFL.
Questions and/or Complaints About PFL
If employees have any questions regarding this policy, they should contact Human Resources. For additional information concerning leave entitlements and obligations that might arise when PFL is either not available or exhausted, employees should consult the Company's other leave policies or contact Human Resources. The Company is committed to complying with the PFL and will interpret and apply this policy in a manner consistent with the PFL. Employees who disagree with a denial of their claim for PFL may submit their dispute to arbitration. Employees will be provided with information about how to request arbitration.
Employees are protected from discrimination and retaliation for requesting or taking PFL. If employees believe their rights have been violated and/or they have been denied job restoration as a result of requesting and/or taking PFL, they must send Human Resources a formal request for job reinstatement using the Formal Request for Reinstatement Regarding Paid Family Leave (Form PFL-DC-119), which can be found in the forms section of https://www.ny.gov/PaidFamilyLeave. Employees must file the completed form with the Company and send a copy to: Paid Family Leave, P.O. Box 9030, Endicott, NY 13761-9030.
If the Company does not comply with the employee's request for reinstatement within 30 days, the employee may file a PFL discrimination complaint with the Workers' Compensation Board using the Paid Family Leave Discrimination Complaint (Form PFL-DC-120), which is also available on the New York PFL website. Once the employee's complaint is received, the Board will assemble the employee's case and schedule a preliminary hearing in front of a workers' compensation law judge.
2-8Medical Leave and Family Care (MLFC)
Qualifying Reasons
The Company provides leaves of absence without pay to eligible employees for any of the following reasons:
The birth of a child and to bond with the newborn child within one year of birth;
The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
To care for the employee's spouse, son, daughter, or parent ("covered family member") who has a serious health condition;
Your own serious health condition which renders you unable to perform the functions of the position; or,
Any qualifying exigency (as defined under the Federal Family Medical Leave Act) arising out of the
fact that an employee's spouse, son, daughter, or parent is a military member on covered active duty or called to covered active-duty status (or has been notified of an impending call or order to covered active duty) in the Reserves component of the Armed Forces in support of contingency operations or Regular Armed Forces for deployment to a foreign country. This leave also is available for family members of active-duty service members.
In the event that state or federal law provides for greater rights than provided by this policy, it is the Company's policy to govern its actions in accordance with those laws. For example, state law may extend MLFC leave entitlements to civil union and domestic partners.
Qualifying exigencies may include, but are not limited to, attending certain events that arise out the military member's covered active duty status provided that the employer and employee agree that such leave shall qualify as an exigency, and agree to both the timing and duration of the leave; certain childcare and school activities; addressing certain financial and legal arrangements; attending certain counseling sessions; caring for the parents of the military member on covered active duty who is incapable of self-care and attending certain post-deployment activities. The qualifying exigencies listed in this paragraph are defined in 29 § CFR 825.126.
Amount of Leave Available
Eligible employees that qualify for leave are normally granted leave up to a maximum of 12 weeks within a 12-month rolling period measured backward from the date of any leave usage.
Where permitted by law, MLFC leave exhausts while using leave under federal, state or local family and medical leave laws. Unless otherwise provided by law, for purposes of this policy, leave usage includes leave provided pursuant to this policy or leave previously granted under state or federal leave laws.
MLFC leave must be used in one-week increments. Employees are required to exhaust any accrued paid leave time while taking unpaid leave.
If the initial period of approved absence proves insufficient, consideration will be given to a request for an extension as required by law. Extensions will be considered under ADA. However, benefits will only be provided for the initial maximum of 12 weeks after which time the employee may apply for benefits continuation under COBRA.
Additional Military Family Leave Entitlement (Military Caregiver Leave)
In addition to the basic MLFC leave entitlement discussed above, an eligible employee who is the spouse, son, daughter, parent or next of kin of a covered servicemember is entitled to take up to 26 weeks of leave during a single 12-month period to care for the servicemember with a serious injury or illness. Leave to care for a servicemember shall only be available during a single-12-month period and, when combined with other MLFC-qualifying leave, may not exceed 26 weeks during the single 12-month period. The single 12-month period begins on the first day an eligible employee takes leave to care for the injured servicemember.
A "covered servicemember" is a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is in outpatient status (as defined in 29 C.F.R. § 825.127) or is on the temporary retired list for a serious injury or illness. These individuals are referred to in this policy as "current members of the Armed Forces."
Covered servicemembers also include a veteran who is discharged or released from military services, except for a dishonorable discharge, at any time during the five years preceding the date the eligible employee takes MLFC leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or
therapy, or is in outpatient status for a serious injury or illness. These individuals are referred to in this policy as "covered veterans."
This policy adopts the definition of a "serious injury or illness" set forth in 29 C.F.R. § 825.127. This definition is distinct from the definition of "serious health condition" applicable to MLFC leave to care for a covered family member (discussed above).
How to Request Leave
Employees may request leave only after having been employed for one year. Eligible employees should make requests for leave to their supervisors at least 30 days in advance of foreseeable events and as soon as possible for unforeseeable events.
Certification Requirements
Employees may be required to provide written documentation from their health care provider supporting the need for leave including a detailed explanation of the medical reason, why the employee requires a leave of absence, any accommodations that might enable the employee to return to work, and the health care provider's opinion (supported by medical reasoning) as to the likely date the employee will return to work, if known.
In the case of leave to care for a covered family member, employees may be required to provide documentation substantiating the need for leave. This would include, for example, a statement from the family member's healthcare provider indicating that the family member is unable to care for his or her own basic medical, hygienic, nutritional needs or safety.
Upon request, the first time employees seek leave due to qualifying exigencies arising out of the active duty or call to active duty status of a covered military member, the Company may require employees to provide: 1) a copy of the covered military member's active duty orders or other documentation issued by the military indicating the covered military member is on active duty or call to active duty status and the dates of the covered military member's active duty service; and 2) a certification from the employee setting forth information concerning the nature of the qualifying exigency for which leave is requested. Employees shall provide a copy of new active-duty orders or other documentation issued by the military for leaves arising out of qualifying exigencies arising out of a different active duty or call to active-duty status of the same or a different covered military member.
When leave is taken to care for a covered servicemember with a serious injury or illness, the Company may require employees to obtain certifications completed by an authorized health care provider of the covered servicemember. In addition, the Company may request that the certification submitted by employees set forth additional information provided by the employee and/or the covered servicemember confirming entitlement to such leave. Any changes in this information should be promptly reported to Company.
Continuation of Health Insurance Benefits While on Leave
Health insurance benefits will be provided by Company for a maximum of 12 weeks (or 26 weeks for injured servicemember leave) under the same terms that would have applied had the employee not taken leave. Employees remain responsible for payment of the employee contribution while on leave. Payment must be received by the [date] of each month. Failure to make timely payments may result in a termination of health insurance benefits.
Employees who exceed the 12 (or 26 for injured servicemember leave) week maximum period of leave will become responsible for the full costs of these benefits and may apply for benefits continuation under COBRA. When the employee returns from leave, benefits will again be reinstated on the first of the month following the employee's return to work.
Returning from Leave / Job Restoration
An employee on leave is requested to provide the Company with at least two weeks advance notice of the date the employee intends to return to work so that an employee's return to work can be properly scheduled.
Employees returning from leave for the employee's own serious health condition may be required to submit a health care provider's verification of their fitness to return to work.
Job restoration is not guaranteed. However, when a leave ends, the Company will make reasonable efforts to reinstate the employee to the same position previously held by the employee if it is available. If it is not available, the Company will make reasonable efforts to reinstate the employee to an equivalent position for which the employee is qualified and if an equivalent position is not available, then to a lower-level position.
If an employee fails to return to work on the agreed upon return date, the Company may assume that the employee has resigned.
Contact Information
Any questions regarding this policy should be directed to Human Resources via email at [email protected]
2-9New York- Volunteer Emergency Responders Leave
Employees may be eligible for time off work to serve as a volunteer firefighter or ambulance service member during a state of emergency declared by the state or federal government. Employees should contact their supervisor as soon as they are aware that they will be late to work, or unable to report to work due to the emergency dispatch. Upon request, employees must provide their supervisor with a statement from the appropriate department/organization documenting that the employee was responding to an emergency call. Such time off will be unpaid for nonexempt employees. Exempt employees will be paid in accordance with federal and state wage and hour laws.
2-10Time Off for Crime Victims
Employees may take unpaid time off to comply with a subpoena to testify in a criminal proceeding (including time off to consult with the district attorney), to give a statement at a sentencing proceeding, victim impact statement at a pre-sentencing proceeding, or statement at a parole board hearing if they are:
The victim of the crime at issue in the proceedings;
The victim's next of kin,
The victim's representative (a person who represents or stands in the place of another person, including but not limited to an agent, assignee, attorney, guardian, committee, conservator, partner, receiver, administrator, executor or heir, or a parent of a minor), if the victim is deceased as a result the offense;
A "Good Samaritan" (i.e., a person who acts in good faith (a) to apprehend a person who has committed a crime in his/her presence; (b) to prevent a crime or an attempted crime from occurring, or (c) to aid a law enforcement officer in effecting an arrest); or
Pursuing an application or enforcement of an order of protection as provided under relevant law.
The employee must notify the company the day before the absence of the employee's intent to appear as a witness, to consult with the district attorney, or to exercise their rights as provided in the criminal procedure law. The company may require the employee to provide documentation that confirms or supports the reason the employee has requested leave.
Employees may substitute any accrued vacation, sick or other time off for leave under this policy. No employee will be subject to discharge or penalty for taking leave under this policy.
Victims of Domestic Abuse, Sexual Assault, and Related Crimes Leave
Employees who are victims of domestic violence may take unpaid time off as reasonable accommodation for the following reasons:
seek medical attention for injuries caused by domestic violence, including for a child who is a victim of domestic violence, provided that the employee is not the perpetrator of the domestic violence against the child;
obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence; or
obtain psychological counseling related to an incident or incidents of domestic violence, including for a child who is a victim of domestic violence, provided that the employee is not the perpetrator of the domestic violence against the child; or
participate in safety planning and taking other actions to increase safety from future incidents of domestic violence, including temporary or permanent relocation; or
obtain legal services, assisting in the prosecution of the offense, or appearing in court in relation to the incident(s) of domestic violence.
An employee who must be absent from work must provide the employer with reasonable advance notice of the employee's absence, unless advance notice is not feasible. An employee who cannot feasibly give reasonable advance notice of the absence must, within a reasonable time after the absence, provide certification supporting the absence to the employer when requested by the employer.
Employees may substitute any accrued vacation, sick or other time off for leave under this policy. To the extent permitted by law, health insurance coverage will continue while on leave.
No employee will be subject to discrimination or retaliation because of their status as a victim of domestic violence or for taking leave under this policy.
2-11Paid Prenatal Leave
In compliance with New York State Law, Supplement Manufacturing Partner, Inc will provide employees with 20 hours of paid leave per year to be used for prenatal healthcare service appointments during the pregnancy or related to their pregnancy. This leave does not apply to partners or other support persons. The leave may only be used by the employee directly receiving prenatal health care services.
The Paid Prenatal Leave can be used in hourly increments. The 52-week period renews a year from the initial use of the leave. Employees can email [email protected] to provide advance notice.
Operational Policies
3-1Employee Classifications
For purposes of this handbook, all Supplement Manufacturing Partner, Inc. employees fall within one of the classifications below.
Full-Time Employees - Employees who regularly work at least 40 hours per week who were not hired on a short-term basis.
Part-Time Employees - Employees who regularly work fewer than 40 hours per week who were not hired on a short-term basis.
Short-Term Employees - Employees who were hired for a specific short-term project, or on a short-term freelance, per diem or temporary basis. Short-Term employees generally are not eligible for Company benefits, but are eligible to receive statutory benefits.
In addition to the above classifications, employees are categorized as either "exempt" or "non-exempt" for purposes of federal and state wage and hour laws. Employees classified as exempt do not receive overtime pay; they generally receive the same weekly salary regardless of hours worked. Such salary may be paid less frequently than weekly. The employee will be informed of these classifications upon hire and informed of any subsequent changes to the classifications.
3-2Your Employment Records
In order to obtain their position, employees have provided personal information, such as address and telephone number. This information is contained in their personnel file.
Employees should keep their personnel file up to date by informing Human Resources of any changes. Employees also should inform Human Resources of any specialized training or skills they acquire, as well as any changes to any required visas. Unreported changes of address, marital status, etc. can affect withholding tax and benefit coverage. Further, an "out of date" emergency contact or an inability to reach employees in a crisis could cause a severe health or safety risk or other significant problem.
3-3Working Hours and Schedule
Working hours will be reflected on your offer letter, but may be subject to change.
Employees will be assigned a work schedule and will be expected to begin and end work according to the schedule. To accommodate the needs of the business, at some point Supplement Manufacturing Partner, Inc. may need to change individual work schedules on either a short-term or long-term basis.
Employees will be provided meal and rest periods as required by law. A manager will provide further details.
3-4Remote Work/Telecommuting
Supplement Manufacturing Partner, Inc. may allow employees to work remotely if their job duties and work performance are determined to be eligible for remote work. Eligibility will be decided on a case-by-case basis by the Company. A different laptop will be provided to work from home, and the employee must give their laptop to the company the day before their scheduled work from home day. In order to work from home, the company's provided monitoring service is to be used. In the event work from home is not found productive, employees will no longer be eligible for work from home. Employees also may be required to work remotely during periods of public health emergencies if government orders and mandates recommend such work.
This policy provides general information regarding remote work/telecommuting. Employees who are approved to work remotely should consult their individual agreement for specific details of their remote work/telecommuting arrangement, such as expected work hours, equipment provided, and other important information.
Work from home requests are not to be made on a regular basis, and should be the last resource used for any given situation. Frequent and last minute requests can lead to disciplinary action and/or termination. All employees working from home will be required to utilize the Company's monitoring software. In addition, managers will be required to provide HR with a summary of activities completed during the day.
Employees who are working from home will be responsible for the provided company's electronics. In the event the electronics is damaged, the employee is responsible to take care of it unless otherwise agreed upon by the employee and the company.
Any remote work/telecommuting arrangement may be discontinued by the Company at any time and at the discretion of the Company. Employees also may discontinue the arrangement but may not be guaranteed office space at the Company's location.
At-Will Employment
This policy and any individual agreement addressing this work arrangement do not create a contract of employment and are not intended to be considered or construed as a promise of continued employment. Employment is at will and may be discontinued at any time by the Company or employee without notice, cause, or liability.
Hours of Work
Employees will work full time from home. Scheduled hours of work will be set by the employees' manager or manager. Employees should maintain regular contact with their managers and managers.
Nonexempt employees must accurately record all hours worked pursuant to the Company's timekeeping system and take rest and meal breaks as if in the Company's workplace and as required by law. Nonexempt employees may not work beyond scheduled working hours (including working more than 40 hours in a workweek) without prior, written authorization from their manager or manager.
Location
Employees will provide, at their expense, a secure, dedicated work area. Employees are responsible for maintaining the work area in a safe, secure, and nonhazardous condition at all times. Employees will maintain security devices and procedures necessary to prevent use by non-employees and/or unauthorized persons, including by preventing the connection of any Company-furnished computer system, network, or database to any computer, network, or database other than a computer, network, or database to which connections are provided or authorized by the Company.
Duties
Employees are expected to follow all existing Company policies and procedures. The duties, obligations, responsibilities, and conditions of employment with the Company remain unchanged. Employees must stay engaged with work throughout the workday and be fully available during normal business hours. If employees do not successfully perform their job duties remotely, this arrangement will be revoked. Employees are expected to follow existing Company policies with respect to scheduled and unscheduled time off, including the obligation to speak with their manager or manager before the scheduled start time in the event of an unscheduled absence, tardy, or early departure.
Accidents and Injuries
Employees agree to maintain safe conditions in the remote work space and to practice the same safety habits and rules applied on Company premises.
Equipment
Employees agree to use electronic equipment that has been encrypted and meets all of the Company's security requirements. If the Company provides equipment for home use, employees agree to provide a secure location for Company-owned equipment and will not use, or allow others to use, such equipment for purposes other than Company business. Employees have no expectation of ownership in such equipment, linkages, property, or other items installed or provided by the Company. The Company will bear the expense of removal of any such equipment, linkages, and installations provided by the Company upon the termination of the remote work/telecommuting arrangement but not modification of or repairs to the work location. Employees hereby release the Company from any damage or liability incurred in the installing or removal of the equipment provided by the Company.
Return of Company Property
All equipment, records, and materials provided by the Company will remain Company property. Employees agree to return Company equipment, records, and materials upon request. All Company equipment will be returned by employees for inspection, repair, or replacement as needed or requested or immediately upon termination of the remote work/telecommuting arrangement. All equipment must be returned within five (5) business days of written notice to the employees.
Expenses
Upon presentment of receipts and in accordance with the Business Expense Reimbursement policy, the Company will reimburse employees for certain preapproved expenses.
Regular household utility charges, such as electricity, water, phone, Internet service, auto, homeowners' insurance, etc., are not reimbursable unless state law requires reimbursement.
Confidentiality
Employees agree that they are subject to the Company's policies prohibiting the nonbusiness use or dissemination of the Company's confidential business information. Employees will take all appropriate steps to safeguard the Company's confidential business information, including segregating it from personal papers and documents, not allowing nonemployees to access such information, and keeping such information in locked drawers or file cabinets when not in use. Employees will maintain confidential information, including, but not limited to, information regarding the Company's products or services, processing, marketing and sales, client lists, client e-mail addresses and mailing addresses, client data, orders, memoranda, notes, records, technical data, sketches, designs, plans, drawings, trade secrets, research and development data, experimental work, proposals, new product and/or service developments, project reports, sources of supply and material, operating and cost data, and corporate financial information.
Contact
If employees have any questions concerning this policy or would like to apply to work remotely, they should contact Human Resources.
3-5SMP Nutra Artificial Intelligence (AI) Use Policy
The purpose of this policy is to establish clear guidelines governing the use of artificial intelligence (“AI”) tools by employees in order to protect the Company’s confidential information, intellectual property, data security, and legal compliance, while allowing limited use of approved AI technology to support productivity.
The Company expressly permits the use of Copilot via their SMP Outlook Accounts as the sole approved AI tool for work-related purposes, subject to the limitations and requirements set forth in this policy.
Employees may use Copilot only for legitimate business purposes and must comply with all confidentiality, data protection, and intellectual property obligations. Under no circumstances may Employees input, upload, disclose, or process confidential or proprietary Company information, trade secrets or intellectual property, personal data of employees, customers, or third parties, financial, legal, or regulated data, Information protected by contract, law, or Company policy.
All other AI tools, platforms, applications, browser extensions, or services—whether publicly available, enterprise-based, free, or paid—are strictly prohibited for work-related use unless prior written approval is obtained from the Company’s Legal Department.
This prohibition includes, but is not limited to:
Generative AI tools
Large language models (LLMs)
AI-powered writing, coding, design, data analysis, or automation tools
AI features embedded in third-party software or services
Employees seeking to use any AI tool other than Copilot must submit a written request to the Company's Legal Department that includes:
The name of the AI tool, the intended business use, the type of data that would be processed, and any known data storage or training practices of the tool.
Use of the AI tool may not begin unless and until written approval is granted.
The Company reserves the right to monitor, audit, and review AI usage to ensure compliance with this policy and applicable laws. Failure to comply with this policy may result in disciplinary action, up to and including termination of employment, as well as potential legal consequences. The Company reserves the right to modify or update this policy at any time to address evolving legal, technological, or business considerations.
3-6Timekeeping Procedures
Employees must record their actual time worked for payroll and benefit purposes. Non-exempt employees must record the time work begins and ends, as well as the beginning and ending time of any departure from work for any non-work-related reason, on forms as prescribed by management.
Altering, falsifying or tampering with time records is prohibited and subjects the employee to discipline, up to and including discharge.
Exempt employees are required to record their daily work attendance and report full days of absence from work for reasons such as leaves of absence, sick leave or personal business.
Non-exempt employees may not start work until their scheduled starting time.
It is the employee's responsibility to sign time records to certify the accuracy of all time recorded. Any errors in the time record should be reported immediately to a manager, who will attempt to correct legitimate errors.
3-7Overtime
When Supplement Manufacturing Partner, Inc. experiences periods of extremely high activity, additional work may be required. Managers are responsible for monitoring business activity and requesting overtime work if it is necessary. Effort will be made to provide employees with adequate advance notice in such situations. Employees may work overtime only with prior management authorization. Any non-exempt employee who works overtime without authorization may be subject to disciplinary action, up to and including termination.
Any non-exempt employee who works overtime will be compensated at the rate of one and one-half times (1.5) their regular hourly wage for all time worked in excess of 40 hours each workweek, unless otherwise required by applicable law. Overtime pay is calculated based on actual hours worked. Paid time off, holidays, or any leave of absence will not be considered hours worked for purposes of performing overtime calculations. For purposes of calculating overtime for non-exempt employees, the workweek begins at 12 a.m. on Wednesday and ends 168 hours later at 12 a.m. on the following Wednesday.
3-8Safe Harbor Policy for Exempt Employees
It is Supplement Manufacturing Partner, Inc.'s policy and practice to accurately compensate employees and to do so in compliance with all applicable state and federal laws. To ensure proper payment and that no improper deductions are made, employees must review pay stubs promptly to identify and report all errors.
Those classified as exempt salaried employees will receive a salary which is intended to compensate them for all hours they may work for Supplement Manufacturing Partner, Inc. This salary will be established at the time of hire or classification as an exempt employee. While it may be subject to review and modification from time to time, such as during salary review times, the salary will be a predetermined amount that will not be subject to deductions for variations in the quantity or quality of the work performed.
Under federal and state law, salary is subject to certain deductions. For example, unless state law requires otherwise, salary can be reduced for the following reasons:
full-day absences for personal reasons;
full-day absences for sickness or disability if the deduction is made in accordance with a bona fide plan, policy or practice of providing wage replacement benefits for such absences (deductions also may be made for the exempt employee's full-day absences due to sickness or disability before the employee has qualified for the plan, policy or practice or after the employee has exhausted the leave allowance under the plan);
full-day disciplinary suspensions for infractions of our written policies and procedures;
Family and Medical Leave Act absences (either full- or partial-day absences);
to offset amounts received as payment from the court for jury and witness fees or from the military as military pay;
the first or last week of employment in the event the employee works less than a full week; and
any full work week in which the employee does not perform any work.
Salary may also be reduced for certain types of deductions such as a portion of health, dental or life insurance premiums; state, federal or local taxes; social security; or voluntary contributions to a 401(k) or pension plan.
In any work week in which the employee performed any work, salary will not be reduced for any of the following
reasons:
partial day absences for personal reasons, sickness or disability;
an absence because the Company has decided to close a facility on a scheduled work day;
absences for jury duty, attendance as a witness, or military leave in any week in which the employee performed any work (subject to any offsets as set forth above); and
any other deductions prohibited by state or federal law.
However, unless state law provides otherwise, deductions may be made to accrued leave for full- or partial-day absences for personal reasons, sickness or disability.
If employees believe they have been subject to any improper deductions, they should immediately report the matter to a manager. If the manager is unavailable or if the employee believes it would be inappropriate to contact that person (or if the employee has not received a prompt and fully acceptable reply), they should immediately contact Human Resources or the CHRO or any other manager in Supplement Manufacturing Partner, Inc. with whom the employee feels comfortable.
3-9Your Paycheck
Employees will be paid biweekly for all the time worked during the past pay period.
Payroll stubs itemize deductions made from gross earnings. By law, Supplement Manufacturing Partner, Inc. is required to make deductions for Social Security, federal income tax and any other appropriate taxes. These required deductions also may include any court-ordered garnishments. Payroll stubs also will differentiate between regular pay received and overtime pay received.
If there is an error in any employee's pay, the employee should bring the matter to the attention of Human Resources immediately so the Company can resolve the matter quickly and amicably.
Paychecks will be given only to the employee, unless the employee requests that they be mailed or authorizes in writing that another person may accept the check.
3-10Direct Deposit
Direct deposit is the Company's preferred method of wage payment. It ensures timely, secure, and efficient payroll processing, and enables employees to access their pay on the scheduled pay date without delay. Direct deposit is not a condition of employment or continued employment. Each employee may choose whether to receive wages by direct deposit or by paper check.
Written Consent at Hire. Before any wages are paid to an employee by direct deposit, the Company will provide the employee with a written informed-consent form. Written consent is required at the time of hire and must be signed by the employee before direct deposit begins. The consent form will be provided in English and, where applicable, in the employee's primary language, and will describe (i) the terms and conditions of direct deposit, (ii) the employee's right to withdraw consent at any time, and (iii) the alternative payment method available if the employee does not consent.
Withdrawal of Consent. Employees who have provided written consent to direct deposit may withdraw that consent at any time by written notice to the Human Resources Department. The change will take effect no later than the pay period following the notice, subject to reasonable administrative processing time.
Financial Institution. Employees who elect direct deposit may choose any financial institution that accepts direct deposit. Employees are responsible for providing accurate banking information to the Company's payroll processing platform and for making changes within that system when needed. Assistance from Human Resources is available upon request.
Alternative Payment Method. Employees who do not consent to direct deposit will receive their wages by paper check, issued on the regular Company pay date.
No Fees. The Company will not charge any fee to employees for the direct deposit method, and the Company will not require employees to pay any fee as a condition of receiving their wages.
3-11Salary Advances
Supplement Manufacturing Partner, Inc. does not generally provide advances on wages or accrued paid time off. However, in limited circumstances, the Company may, at its sole discretion, approve an advance on vacation pay.
Employees requesting an advance on vacation pay must submit a written request at least two (2) weeks prior to the start of their scheduled vacation. Approval of any request is not guaranteed and will be determined on a case-by-case basis.
3-12Performance Review
Depending on the employee's position and classification, Supplement Manufacturing Partner, Inc. endeavors to review performance annually. However, a positive performance evaluation does not guarantee an increase in salary, a promotion or continued employment. Compensation increases and the terms and conditions of employment, including job assignments, transfers, promotions, and demotions, are determined by and at the discretion of management.
In addition to the annual review, all Warehouse staff will typically receive a semi-annual review on or around the end of Q2 and at the end of Q4. The annual review will take place at the end of either quarter, in which the annual review falls in.
Office staff will typically get anywhere from 1-3 reviews throughout the course of a year. Subject to workflow of the department and other changes possibly assigned by management.
3-13Open Door Policy
All employees have the opportunity to express ideas and opinions to management. The Company believes that open communication is essential to a successful work environment, as well as to the Company's success. All employees may express ideas and opinions directly to Company management. Employees who would like to bring an idea or suggestion to the Company's attention, or just simply wishes to discuss an issue not covered by a separate reporting procedure, are always welcome to send an email or make a call to Human Resources.
Benefits
4-1Benefits Overview
In addition to good working conditions and competitive pay, it is Supplement Manufacturing Partner, Inc.'s policy to provide a combination of supplemental benefits to all eligible employees. In keeping with this goal, each benefit program has been carefully devised. These benefits include time-off benefits, such as vacations and holidays, and insurance and other plan benefits. We are constantly studying and evaluating our benefits programs and policies to better meet present and future requirements. These policies have been developed over the years and continue to be refined to keep up with changing times and needs.
The next few pages contain a brief outline of the benefits programs Supplement Manufacturing Partner, Inc. provides employees and their families. Of course, the information presented here is intended to serve only as guidelines.
The descriptions of the insurance and other plan benefits merely highlight certain aspects of the applicable plans for general information only. The details of those plans are spelled out in the official plan documents, which are available for review upon request from Human Resources. Additionally, the provisions of the plans, including eligibility and benefits provisions, are summarized in the summary plan descriptions ("SPDs") for the plans (which may be revised from time to time). In the determination of benefits and all other matters under each plan, the terms of the official plan documents shall govern over the language of any descriptions of the plans, including the SPDs and this handbook.
Further, Supplement Manufacturing Partner, Inc. (including the officers and administrators who are responsible for administering the plans) retains full discretionary authority to interpret the terms of the plans, as well as full discretionary authority with regard to administrative matters arising in connection with the plans and all issues concerning benefit terms, eligibility and entitlement.
While the Company intends to maintain these employee benefits, it reserves the absolute right to modify, amend or terminate these benefits at any time and for any reason.
If employees have any questions regarding benefits, they should contact Human Resources.
Health Benefits Premiums Upon Termination
When employment with Supplement Manufacturing Partner, Inc. ends, health insurance coverage will terminate on the last day of the month in which employment ends, unless otherwise required by law.
Any outstanding employee portion of health insurance premiums, including amounts owed for coverage during the
final month of employment, will be deducted from the employee’s final paycheck where permitted by law.
Employees who are eligible for continuation of coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA) will receive a separate notice outlining their rights and responsibilities for continuing coverage after termination.
4-2Paid Holidays
Full-time employees will be paid for the following holidays:
Thursday, January 1st, 2026 - New Year's Day Monday, February 16th, 2026 - President's Day Monday, May 25th, 2026 - Memorial Day Friday, June 19th, 2026 - Juneteenth
Friday, July 3rd, 2026 - Independence Day Monday, September 7th, 2026 - Labor Day Monday, October 12th, 2026 -Columbus Day
Wednesday, November 11th, 2026 - Veterans' Day Thursday, November 26th, 2026 - Thanksgiving Day Friday, November 27th, 2026 - Day after Thanksgiving Friday, December 25th, 2026 - Christmas Day
When holidays fall or are celebrated on a regular work day, eligible employees will receive one (1) day's pay at their regular straight-time rate. Eligible employees who are called in to work on a holiday will receive one (1) day's pay at their regular straight-time rate, and an additional payment of straight-time for the actual time they work that day.
If a holiday falls within an eligible employee's approved vacation period, the eligible employee will be paid for the holiday (at the regular straight-time rate) in addition to the vacation day, or the eligible employee will receive an additional vacation day at the option of the Company.
If a holiday falls within a jury duty or bereavement leave, the eligible employee will be paid for the holiday (at the regular straight-time rate) in addition to the leave day, or the eligible employee will receive an additional day off at the option of the Company.
Paid holidays start after 90 days of employment for Non-exempt employees.
4-3Paid Vacations
Supplement Manufacturing Partner, Inc. fully encourages employees to take their earned vacation time during the year in which it is accrued. Any unused hours will expire on the employee’s anniversary date with the company. Unused time off will not roll over and will not be paid out during employment or upon separation or termination from the company.
Full-time employees accrue paid vacation time as follows:
The amount of vacation to which an employee becomes entitled is determined by the employee's length of service as of his or her employment anniversary date. Vacation days can be utilized 90 days from employees' first service date. All requests must be put into the time management platform the company uses at least 10 business days before the date requested and allow 3 business days for approval.
For full-time employees, vacation accrues as follows, unless otherwise stated in your Offer of Employment:
Employees hired March 18th, 2025, and after - are awarded 56 vacation hours
From year 1 to year 3- are awarded 80 vacation hours
Year 4.0 onward - are awarded 120 vacation hours
Vacation time may not be taken until it is earned unless approved by the Company. Earned vacation must be taken. Employees are not entitled to pay in lieu of taking time off for vacation unless approved by the Company. PTO and Sick Leave are to be taken in increments equating to half of the hours worked during their regular schedule.
Vacation Time / Paid Time Off may NOT be used the business day prior or following a paid holiday. Vacation time cannot be used to extend Supplement Manufacturing Partner, Inc. paid holidays, unless approved 10 business days prior. This may not occur more than once per calendar year. Rule subject to change, as needed.
Unused Paid Time Off (PTO) is not paid upon separation from the Company.
4-4Sick Days
Full-time employees are eligible to receive up to (40) hours of paid sick time each year. If the employees will be out of work due to illness, they must call in and notify their manager as early as possible, but at least by the start of the workday. If the employees call in sick for three (3) or more consecutive days, they may be required to provide their manager with a doctor's note on the day they return to work.
Sicktime must be taken in half day increments, equivalent to the employee’s standard number of hours worked per day, unless otherwise specified in the employee’s offer of employment.
While sick days are intended to cover only the employee's own illnesses, if required by applicable state or local law, sick days may be used to care for a family member's (including civil union partners') illness or for any other reason required by applicable state or local law.
Advanced but unaccrued sick days will be deducted from the final paycheck, to the extent permitted by state law.
No Combination with Paid Vacation (PTO)
Paid sick time and paid vacation time (PTO) may not be combined or split on the same day. For any full-day or partial-day absence, the employee must select one leave type; the day may not be recorded partly as sick time and partly as PTO. If an employee's accrued sick balance is insufficient to cover the full duration of an absence and the employee wishes to be paid for the entire absence, the entire day must be recorded as PTO.
4-5Sick and Safe Time
Eligibility
Supplement Manufacturing Partner, Inc. provides paid sick leave to all employees. For employees who work in New York who are eligible for sick time under the general Sick Days policy and/or any other applicable sick time/leave law or ordinance, this policy applies solely to the extent that it provides greater benefits/rights on any specific issue or issues than the general Sick Days policy and/or any other applicable sick time/leave law or ordinance.
Usage
Employees may begin using sick leave once it is accrued. Sick leave may be used in a minimum increment of four (4) hours. Employees may not use more than 40 hours of sick leave in any calendar year.
Employees may use accrued sick leave for the following reasons:
A mental or physical illness, injury, or health condition of the employee or family member, regardless of whether such illness, injury, or health condition has been diagnosed or requires medical care at the time sick leave is requested;
The diagnosis, care, or treatment of a mental or physical illness, injury, or health condition of, or need for medical diagnosis of, or preventive care for, the employee or family member; or
An absence from work due to any of the following reasons when the employee or family member has been the victim of domestic violence, a family offense, sexual offense, stalking, or human trafficking:
To obtain services from a domestic violence shelter, rape crisis center, or other services program;
To participate in safety planning, temporarily, or permanently relocate or take other actions to increase the safety of the employee or family members;
To meet with an attorney or other social services provider to obtain information and advice on, and prepare for or participate in, any criminal or civil proceeding;
To file a complaint or domestic incident report with law enforcement;
To meet with a district attorney's office;
To enroll children in a new school; or
To take any other actions necessary to ensure the health or safety of the employee or family
members or to protect associates or work colleagues.
A person who has committed such domestic violence, family offense, sexual offense, stalking, or human trafficking will not be eligible for paid sick leave for situations in which the person committed such offense and was not a victim, notwithstanding any family relationship.
For purposes of this policy, "family member" means:
A child (biological, adopted, or foster child, a legal ward, or a child of the employee standing in loco parentis);
Spouse or domestic partner;
Parent (biological, foster, step, adoptive, legal guardian, or person who stood in loco parentis when the employee was a minor child);
Sibling;
Grandchild or grandparent; and
The child or parent of the employee's spouse or domestic partner.
Unless advised otherwise, the Company will assume, subject to applicable law, that employees want to use available sick leave for the reasons set forth above, and employees will be paid for such absences to the extent they have paid sick leave available.
Notice and Documentation
Employees may make oral or written requests to Human Resources to use sick leave.
The Company may require supporting documentation for the use of sick leave where the employee uses sick leave for three (3) or more consecutive or previously scheduled work days or shifts, to the extent permitted by applicable law. Requests for documentation should not specify the reason for leave but should be limited to: (i) an attestation from a licensed medical provider supporting the existence of a need for sick leave, the amount of leave needed and a date that the employee may return to work; or (ii) an attestation from an employee of their eligibility to leave. The Company will not require disclosure of confidential information relating to a mental or physical illness, injury, or health condition or information relating to absence from work due to domestic violence, a sexual offense, stalking, or human trafficking, as a condition of providing sick leave. The Company will not require an employee to pay any costs or fees associated with obtaining medical or other verification of eligibility for use of sick leave.
Payment
Sick leave will be paid at the employee's regular rate of pay or the applicable state minimum wage, whichever is greater. Use of sick leave is not considered hours worked for purposes of calculating overtime.
Carryover and Payout
Employees may carry over any unused sick leave to the following calendar year. However, employees only may use up to 40 hours in each calendar year. Accrued but unused sick leave will not be paid at separation.
Enforcement and Retaliation
Employees will not be discharged, threatened, penalized, or in any other manner discriminated or retaliated against because they have exercised their rights to request and use sick leave under this policy and applicable law.
If employees have any questions regarding this policy, they should contact Human Resources.
4-6Lactation Accommodation
Employees have the right to express breast milk in the workplace pursuant to federal and New York law.
Until June 18, 2024, The Company provides employees who are nursing with reasonable unpaid break time or permit employees to use paid break time or meal time to express breast milk for the employee's nursing child each time such employee has a reasonable need to express breast milk for up to three (3) years after the birth of a child. Effective June 19, 2024, The Company provides employees who are nursing with paid break time for 30 minutes and permits employees to use existing paid break time or meal time for time in excess of 30 minutes to express breast milk for the employee's nursing child each time such employee has a reasonable need to express breast milk for up to three (3) years after the birth of a child.
Upon request of an employee who chooses to express breast milk in the workplace, the Company will designate a room or other location which will be made available for use by such employee to express breast milk. Such room or other location will be a place that is:
In close proximity to the work area;
Well-lit;
Shielded from view; and
Free from intrusion from other persons in the workplace or the public.
Such room or other location will provide, at minimum, a chair, a working surface, nearby access to clean running water, and, if the workplace is supplied with electricity, an electrical outlet. The room or location provided by the Company for this purpose must not be a restroom or toilet stall.
If the sole purpose or function of such room or other location is not dedicated for use by employees to express breast milk, such room or other location will be made available to such employee when needed and will not be used for any other purpose or function while in use by such an employee. The Company will provide notice to all employees as soon as practicable when such room or other location has been designated for use by employees to express breast milk.
Where compliance with the lactation room requirements set forth above is impracticable because it would impose an undue hardship on the Company by causing significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the Company's business, the Company will make reasonable efforts to provide a room or other location, other than a restroom or toilet stall, that is in close proximity to the work area where the employee can express breast milk in privacy.
If the workplace has access to refrigeration, the Company will extend such access to refrigeration for the purposes of storing the expressed milk.
Employees may submit a request for a room or other location for use by employees to express breast milk by contacting Human Resources. The Company will respond to such requests within five (5) business days.
Employees will not be discharged, threatened, penalized, or in any other manner discriminated against or retaliated against for exercising their rights under this policy and applicable law.
Employees should refer to the New York State Department of Labor's Policy on the Rights of Employees to Express Breast Milk in the Workplace, available at https://dol.ny.gov/system/files/documents/2024/04/p705-
policy-on-the-rights-of-employees-to-express-breast-milk-in-the-workplace_4-24.pdf, which was separately issued, for additional details.
Employees should consult Human Resources with questions regarding this policy.
4-7Workers' Compensation
On-the-job injuries are covered by Supplement Manufacturing Partner, Inc.'s Workers' Compensation Insurance Policy, which is provided at no cost. If employees are injured on the job, no matter how slightly, they should report the incident immediately to their manager. Failure to follow Company procedures may affect the ability of employees to receive Workers Compensation benefits.
This is solely a monetary benefit and not a leave of absence entitlement. Employees who need to miss work due to a workplace injury must also request a formal leave of absence. See the Leave of Absence sections of this handbook for more information.
4-8Jury Duty Leave
Supplement Manufacturing Partner, Inc. realizes that it is the obligation of all U.S. citizens to serve on a jury when summoned to do so. All employees will be allowed time off to perform such civic service as required by law. Employees are expected, however, to provide proper notice of a request to perform jury duty and verification of their service, including fees received for jury duty service.
Employees also are expected to keep management informed of the expected length of jury duty service and to report to work for the major portion of the day if excused by the court. If the required absence presents a serious conflict for management, employees may be asked to try to postpone jury duty.
The Company will compensate the juror with a fee of $40 or the juror's regular wage (whichever is lower) for the first three (3) days of jury service. Exempt employees will be paid their full salary less jury duty fees for any week in which they performed work for the Company and missed work due to jury service.
4-9Witness Leave
Employees called to serve as a witness in a judicial proceeding must notify their manager as soon as possible.
Employees will not be compensated for time away from work to participate in a court case, but may use available vacation and personal time to cover the period of absence.
Employees that appear in court to testify as a witness or victim, or to consult with a district attorney or obtain an order of protection, will not be disciplined or discharged for their absence.
4-10Bereavement Leave
If an employee has a loss of a close relative, SMP offer up to three (3) days of paid bereavement depending on the relationship with the deceased. Requests must be made to an HR administrator as soon as possible.
4-11Voting Leave
Employees who are eligible to vote in an election and who do not have at least four (4) consecutive hours before or after work while polls are open may request up to two (2) hours with pay to be used at the beginning or the end of their normally scheduled workday as designated by the employer to enable them to vote.
Employees must notify Supplement Manufacturing Partner, Inc. of their intention to take time off to vote at least two (2) working days prior to Election Day.
4-12Insurance Programs
Full-time employees may participate in Supplement Manufacturing Partner, Inc.'s insurance programs. Under these plans, eligible employees will receive comprehensive health and other insurance coverage for themselves and their families, as well as other benefits.
Upon becoming eligible to participate in these plans, employees will receive Summary Plan Descriptions (SPDs) describing the benefits in greater detail. Please refer to the SPDs for detailed plan information. Of course, feel free to contact Human Resources with any further questions.
4-13Statutory Short-Term Disability Benefits
Supplement Manufacturing Partner, Inc. also provides statutory short-term disability insurance.
This is solely a monetary benefit and not a leave of absence. Employees who will be out of work must also request a formal leave of absence. See the Leave of Absence sections of this handbook for more information.
4-14Long-Term Disability Benefits
Full-time employees are eligible to participate in the Long-Term Disability plan, subject to all terms and conditions of the agreement between Supplement Manufacturing Partner, Inc. and the insurance carrier.
This is solely a monetary benefit and not a leave of absence. Employees who will be out of work must also request a formal leave of absence. See the Leave of Absence sections of this handbook for more information.
4-15Salary Continuation
Supplement Manufacturing Partner, Inc. provides enhanced monetary short-term disability benefits to full-time employees. These enhanced monetary benefits are inclusive of any monetary workers' compensation or statutory short-term disability benefits.
This is not a leave of absence provision. Employees who will be out of work must request a leave of absence. See the Leave of Absence sections of this handbook for more information. Employees will be required to submit medical certification as requested by Supplement Manufacturing Partner, Inc. Required medical certification under this policy may differ from the medical certification required for any leave of absence requested.
4-16Retirement Plan
Employees become eligible to participate in Supplement Manufacturing Partner, Inc.’s retirement plan after completing 90 days of employment. Once eligible, participants may make pre-tax contributions to their retirement account.
Upon eligibility, employees will receive a Summary Plan Description (SPD) with comprehensive information about the plan. Please review the SPD for full details regarding benefits, contributions, and participation guidelines.
For questions about the 401(k) plan with ADP Retirement Services, including enrollment assistance, employees are encouraged to contact the Participant Services Team at 1-800-MYK-PLAN (1-800-6957526), available 8:00 a.m. to 9:00 p.m. EST. Human Resources is also available to provide support as needed.
General Standards of Conduct
5-1Workplace Conduct
Supplement Manufacturing Partner, Inc. endeavors to maintain a positive work environment. Each employee plays a role in fostering this environment. Accordingly, we all must abide by certain rules of conduct, based on honesty, common sense, and fair play.
Because everyone may not have the same idea about proper workplace conduct, it is helpful to adopt and enforce rules all can follow. Unacceptable conduct may subject the offender to disciplinary action, up to and including discharge, in the Company's sole discretion. The following are examples of some, but not all, conduct which can be considered unacceptable:
Obtaining employment on the basis of false or misleading information.
Stealing, removing, or defacing Supplement Manufacturing Partner, Inc. property or a co-worker's property, and/or disclosure of confidential information.
Completing another employee's time records.
Violation of safety rules and policies.
Violation of Supplement Manufacturing Partner, Inc.'s Drug and Alcohol-Free Workplace Policy.
Fighting, threatening, or disrupting the work of others or other violations of Supplement Manufacturing Partner, Inc.'s Workplace Violence Policy.
Failure to follow lawful instructions of a manager.
Failure to perform assigned job duties.
Violation of the Punctuality and Attendance Policy, including but not limited to irregular attendance, habitual lateness, or unexcused absences.
Gambling on Company property.
Willful or careless destruction or damage to Company assets or to the equipment or possessions of another employee.
Wasting work materials.
Performing work of a personal nature during working time.
Violation of the Solicitation and Distribution Policy.
Violation of Supplement Manufacturing Partner, Inc.'s Harassment or Equal Employment Opportunity Policies.
Violation of the Communication and Computer Systems Policy.
Unsatisfactory job performance.
Any other violation of Supplement Manufacturing Partner, Inc. policy.
Obviously, not every type of misconduct can be listed. Note that all employees are employed at-will, and Supplement Manufacturing Partner, Inc. reserves the right to impose whatever discipline it chooses, or none at all, in a particular instance. The Company will deal with each situation individually and nothing in this handbook should be construed as a promise of specific treatment in a given situation. However, Supplement Manufacturing Partner, Inc. will endeavor to utilize progressive discipline but reserves the right in its sole discretion to terminate the employee at any time for any reason.
The observance of these rules will help to ensure that our workplace remains a safe and desirable place to work.
5-2Punctuality and Attendance
Employees are hired to perform important functions at Supplement Manufacturing Partner, Inc. As with any group effort, operating effectively takes cooperation and commitment from everyone. Therefore, attendance and punctuality are very important. Unnecessary absences and lateness are expensive, disruptive and place an unfair burden on fellow employees and managers. We expect excellent attendance from all employees. Excessive absenteeism or tardiness will result in disciplinary action up to and including discharge.
We do recognize, however, there are times when absences and tardiness cannot be avoided. In such cases, employees are expected to notify managers as early as possible, but no later than the start of the work day. Asking another employee, friend or relative to give this notice is improper and constitutes grounds for disciplinary action. Employees should email [email protected], stating the nature of the illness and its expected duration, for every day of absenteeism.
Unreported absences of three (3) consecutive work days will generally be considered a voluntary resignation of employment with the Company.
The purpose of this policy is to set forth and maintain a high standard of attendance and to assure reasonable, fair and consistent treatment of all employees under this policy. Because regular and punctual attendance at work is a condition of employment, employees are advised that the following guidelines will govern absence and tardiness:
After the employee’s first day of work each single day of unexcused absence is counted as one (1) occurrence.
Each case of late arrival (tardy) or early departure outside of agreed flex time (if applicable) is counted as one-half (½) of an occurrence.
Examples of one (1) occurrence are:
One (1) absence
Combination of two (2) tardiness
Combination of two (2) Leaves early
Combination of one (1) tardy and one (1) leave early
The last twelve (12) continuous months of an employee's attendance record are examined to determine the number of occurrences. Employees with approved leaves of absence lasting a consecutive thirty (30) calendar days or longer will have their rolling twelve (12) month calculation modified to discount the period of absence.
Disciplinary procedures for attendance violations will follow a four (4) step progression (excluding No Call/No Show).
The number of occurrences which establish the requirement for disciplinary action is as follows:
Number of Occurrences Disciplinary Action
One (1) First Written Warning
Four (4) Second Written Warning
Six (6) Final Written Warning
Eight (8) Termination
Disciplinary procedures for No Call/No Show violations will follow a two (2) step progression. The number of occurrences which establish the requirement for disciplinary action is as follows:
Number of Occurrences Disciplinary Action
One (1) Final Written Warning
Two (2) Termination
Note: Employees who are currently at the Second or Final Written Warning level of the disciplinary process for attendance violations, who then have a No Call/No Show, will automatically be moved to the Termination step.
An employee who calls in to report his/her intended late arrival, but does not report to work or subsequently contact their immediate supervisor or Manager will be considered a No Call/No Show.
Newly hired employees are expected to demonstrate their dependability, as well as other job performance characteristics, during their ninety (90) day introductory period. The attendance records of all introductory employees will be monitored very closely. Those employees who demonstrate unacceptable attendance habits during this period will be subject to immediate dismissal. If an employee accumulates four or more occurrences during this time frame, it will result in an automatic termination.
This policy is meant to be a guide. Situations may exist, such as chronic and patterned absenteeism, which requires management's discretion in the application of this policy. These cases will be handled on their own merit outside the conditions set forth in the general policy at the discretion of Human Resources.
Definitions
Absence - missing two (2) or more unexcused hours of a scheduled shift.
Tardy - arriving for work more than ten (10) minutes after your shift is scheduled to begin. Leave early - leaving work more than ten (10) minutes before your shift is scheduled to end.
No Call/No Show - failure of an employee to report for work or notify his/her immediate supervisor or Manager of an intended absence within the first two (2) hours of the scheduled shift.
Occurrence - an unexcused absence, tardy or early departure which is counted against an employee's attendance record.
Excused Absence - an approved absence for the following reasons will be considered as excused and will not be counted against the employee's attendance record:
Paid Time Off (PTO)
Company-paid holidays
Jury duty or serving as a subpoenaed trial witness
Military leave
Personal leave of absence
On-the-job injury
Leave under the Family Medical Leave Act (FMLA) or any other legally mandated leaves
Absences which have been approved, in writing, by the respective supervisor or manager prior to the absence
Declared acts of God
Location shutdowns
Medical documentation approved by Human Resources
Rolling Twelve (12) Month Period - a twelve (12) month period commencing with the date of the first absence, tardy or early departure.
PTO Balances at Annual Review
Upon an employee's annual review, employees that are deemed to be in good standing with the company are eligible to be paid out for their unused PTO balance that would otherwise expire at the end of the year. The company reserves the right at its sole discretion, to modify this policy at any time for any reason.
5-3Use of Communications and Computer Systems
Supplement Manufacturing Partner, Inc.'s communication and computer systems are intended primarily for business purposes; however limited personal usage is permitted if it does not hinder performance of job duties or violate any other Company policy. This includes the voice mail, e-mail and Internet systems. Users have no legitimate expectation of privacy in regard to their use of the Supplement Manufacturing Partner, Inc. systems.
Supplement Manufacturing Partner, Inc. may access the voice mail and e-mail systems and obtain the communications within the systems, including past voice mail and e-mail messages, without notice to users of the system, in the ordinary course of business when the Company deems it appropriate to do so. The reasons for which the Company may obtain such access include, but are not limited to: maintaining the system; preventing or investigating allegations of system abuse or misuse; assuring compliance with software copyright laws; complying with legal and regulatory requests for information; and ensuring that Company operations continue appropriately during the employee's absence.
Further, Supplement Manufacturing Partner, Inc. may review Internet usage to ensure that such use with Company property, or communications sent via the Internet with Company property, are appropriate. The reasons for which the Company may review employees' use of the Internet with Company property include, but are not limited to: maintaining the system; preventing or investigating allegations of system abuse or misuse; assuring compliance with software copyright laws; complying with legal and regulatory requests for information; and ensuring that Company operations continue appropriately during the employee's absence.
The Company may store electronic communications for a period of time after the communication is created. From time to time, copies of communications may be deleted.
The Company's policies prohibiting harassment, in their entirety, apply to the use of Company's communication and computer systems. No one may use any communication or computer system in a manner that may be construed by others as harassing or offensive based on race, national origin, sex, sexual orientation, age, disability, religious beliefs or any other characteristic protected by federal, state or local law.
Further, since the Company's communication and computer systems are intended for business use, all employees, upon request, must inform management of any private access codes or passwords.
Unauthorized duplication of copyrighted computer software violates the law and is strictly prohibited.
No employee may access, or attempt to obtain access to, another employee's computer systems without appropriate authorization.
Violators of this policy may be subject to disciplinary action, up to and including discharge.
5-4Use of Social Media
Supplement Manufacturing Partner, Inc. respects the right of any employee to maintain a blog or web page or to participate in a social networking on or through websites or services such as X (formerly Twitter), Facebook, Threads, LinkedIn, YouTube, Instagram, TikTok, SnapChat, or similar sites/services (collectively "social media"). However, to protect Company interests and ensure employees focus on their job duties, employees must adhere to the following rules:
Employees may not use social media during work time or at any time with Company equipment or property.
All rules regarding confidential and proprietary business information apply in full to social media. Any information that cannot be disclosed through a conversation, a note, or an e-mail also cannot be disclosed through social media.
When using social media, if the employee mentions the Company and also expresses either a political opinion or an opinion regarding the Company's actions that could pose an actual or potential conflict of interest with the Company, and it is either implicit or explicit that the poster is affiliated with the Company, the poster must include a disclaimer. The poster should specifically state that the opinion expressed is a personal opinion and not the Company's position. This is necessary to preserve the Company's goodwill in the marketplace.
Employees may not use the Company's logos or trademarks for commercial purposes or to endorse any product or service.
Any conduct that is impermissible under the law if expressed in any other form or forum is impermissible if expressed through social media. For example, posted material that is discriminatory, obscene, defamatory, libelous, or violent is forbidden. Company policies apply equally to employee social media usage.
Employees with any questions should review the guidelines above and/or consult with their manager. Failure to follow these guidelines may result in discipline, up to and including discharge.
5-5Personal and Company-Provided Portable Communication Devices
Supplement Manufacturing Partner, Inc.-provided portable communication devices (PCDs), including cell phones and personal digital assistants, should be used primarily for business purposes. Employees have no reasonable expectation of privacy in regard to the use of such devices, and all use is subject to monitoring, to the maximum extent permitted by applicable law. This includes, as permitted, the right to monitor personal communications as necessary.
Some employees may be authorized to use their own PCD for business purposes. These employees should work with the IT department to configure their PCD for business use. Communications sent via a personal PCD also may be subject to monitoring if sent through the Company's networks and the PCD must be provided for inspection and review upon request.
All conversations, text messages and e-mails must be professional. When sending a text message or using a PCD for business purposes, whether it is a Company-provided or personal device, employees must comply with applicable Company guidelines, including policies on sexual harassment, discrimination, conduct, confidentiality, equipment use and operation of vehicles. Using a Company-issued PCD to send or receive personal text messages is prohibited at all times and personal use during working hours should be limited to emergency situations.
If employees who use a personal PCD for business resign or are discharged, they will be required to submit the device to the IT department for resetting on or before their last day of work. At that time, the IT department will reset and remove all information from the device, including but not limited to, Company information and personal data (such as contacts, e-mails and photographs). The IT department will make efforts to provide employees with the personal data in another form (e.g., on a disk) to the extent practicable; however, the employee may lose some or all personal data saved on the device.
Employees may not use their personal PCD for business unless they agree to submit the device to the IT department on or before their last day of work for resetting and removal of Company information. This is the only way currently possible to ensure that all Company information is removed from the device at the time of termination. The removal of Company information is crucial to ensure compliance with the Company's confidentiality and proprietary information policies and objectives.
Please note that whether employees use their personal PCD or a Company-issued device, the Company's electronic communications policies, including but not limited to, proper use of communications and computer systems, remain in effect.
Portable Communication Device Use While Driving
Employees who drive on Company business must abide by all state or local laws prohibiting or limiting PCD (cell phone or personal digital assistant) use while driving. Further, even if usage is permitted, employees may choose to refrain from using any PCD while driving. "Use" includes, but is not limited to, talking or listening to another person or sending an electronic or text message via the PCD.
Regardless of the circumstances, including slow or stopped traffic, if any use is permitted while driving, employees should proceed to a safe location off the road and safely stop the vehicle before placing or accepting a call. If acceptance of a call is absolutely necessary while driving, and permitted by law, employees must use a hands-free option and advise the caller that they are unable to speak at that time and will return the call shortly.
Under no circumstances should employees feel that they need to place themselves at risk to fulfill business needs.
Since this policy does not require any employee to use a cell phone while driving, employees who are charged with traffic violations resulting from the use of their PCDs while driving will be solely responsible for all liabilities that result from such actions.
Texting and e-mailing while driving is prohibited in all circumstances.
5-6Inspections
To the maximum extent permitted by applicable law, Supplement Manufacturing Partner, Inc. reserves the right to require employees while on Company property, or on client property, to agree to the inspection of their persons, personal possessions and property, personal vehicles parked on Company or client property, and work areas. This includes lockers, vehicles, desks, cabinets, work stations, packages, handbags, briefcases and other personal possessions or places of concealment, as well as personal mail sent to the Company or to its clients. Employees are expected to cooperate in the conduct of any search or inspection.
5-7Smoking
Smoking, including the use of e-cigarettes, vaping is prohibited on Company premises and in all Company vehicles. If the employee is caught smoking on company premises, it can lead to immediate termination.
5-8Personal Visits and Telephone Calls
Disruptions during work time can lead to errors and delays. Therefore, personal telephone calls must be kept to a minimum, and only be made or received after working time, or during lunch or break time.
For safety and security reasons, employees are prohibited from having personal guests visit or accompanying them anywhere in Supplement Manufacturing Partner, Inc. facilities other than the reception areas.
5-9Solicitation and Distribution
To avoid distractions, solicitation by the employee of another employee is prohibited while either employee is on work time. "Work time" is defined as the time the employee is engaged, or should be engaged, in performing their work tasks for Supplement Manufacturing Partner, Inc. Solicitation of any kind by non-employees on Company premises is prohibited at all times.
Distribution of advertising material, handbills, printed or written literature of any kind in working areas of the Company is prohibited at all times. Distribution of literature by non-employees on Company premises is prohibited at all times.
5-10Bulletin Boards
Important notices and items of general interest are continually posted on Supplement Manufacturing Partner, Inc. bulletin boards. Employees should make it a practice to review bulletin boards frequently. This will assist employees in keeping up with what is current at Supplement Manufacturing Partner, Inc. To avoid confusion, employees should not post or remove any material from the bulletin board.
5-11Confidential Company Information
During the course of work, employees may become aware of confidential information about Supplement Manufacturing Partner, Inc.'s business, including but not limited to information regarding Company finances, pricing, products, and new product development, software, and computer programs, marketing strategies, suppliers, and customers and potential customers. Employees also may become aware of similar confidential information belonging to the Company's clients. It is extremely important that all such information remain confidential, and particularly not be disclosed to Supplement Manufacturing Partner, Inc.'s competitors. Any employee who improperly copies, removes (whether physically or electronically), uses, or discloses confidential information to anyone outside of the Company may be subject to disciplinary action up to and including termination. Employees may be required to sign an agreement reiterating these obligations.
5-12Conflict of Interest and Business Ethics
It is Supplement Manufacturing Partner, Inc.'s policy that all employees avoid any conflict between their personal interests and those of the Company. The purpose of this policy is to ensure that the Company's honesty and integrity, and therefore its reputation, are not compromised. The fundamental principle guiding this policy is that no employee should have, or appear to have, personal interests or relationships that actually or potentially conflict with the best interests of the Company.
It is not possible to give an exhaustive list of situations that might involve violations of this policy. However, the situations that would constitute a conflict in most cases include but are not limited to:
Holding an interest in or accepting free or discounted goods from any organization that does, or is seeking to do, business with the Company, by any employee who is in a position to directly or indirectly influence either the Company's decision to do business, or the terms upon which business would be done with such organization;
Holding any interest in an organization that competes with the Company;
Being employed by (including as a consultant) or serving on the board of any organization which does, or is seeking to do, business with the Company or which competes with the Company; and/or
Profiting personally, e.g., through commissions, loans, expense reimbursements, or other payments, from any organization seeking to do business with the Company.
A conflict of interest would also exist when a member of the employee's immediate family is involved in situations such as those above.
This policy is not intended to prohibit the acceptance of modest courtesies, openly given and accepted as part of the usual business amenities, for example, occasional business-related meals or promotional items of nominal or minor value.
It is the employee's responsibility to report any actual or potential conflict that may exist between the employee (and the employee's immediate family) and the Company.
5-13Use of Facilities, Equipment and Property, Including Intellectual Property
Equipment essential in accomplishing job duties is often expensive and may be difficult to replace. When using property, employees are expected to exercise care, perform required maintenance, and follow all operating instructions, safety standards and guidelines.
Employees should notify their manager if any equipment, machines, or tools appear to be damaged, defective or in need of repair. Prompt reporting of loss, damages, defects and the need for repairs could prevent deterioration of equipment and possible injury to employees or others. Managers can answer any questions about the employees' responsibility for maintenance and care of equipment used on the job.
Employees also are prohibited from any unauthorized use of the Company's intellectual property, such as audio and video tapes, print materials and software.
Improper, careless, negligent, destructive, or unsafe use or operation of equipment can result in discipline, up to and including discharge.
Further, the Company is not responsible for any damage to employees' personal belongings unless The Company provided advance approval for the employee to bring the personal property to work.
5-14Health and Safety
The health and safety of employees and others on Company property are of critical concern to Supplement Manufacturing Partner, Inc. The Company intends to comply with all health and safety laws applicable to our business. To this end, the Company must rely upon employees to ensure that work areas are kept safe and free of hazardous conditions. Employees are required to be conscientious about workplace safety, including proper operating methods, and recognize dangerous conditions or hazards. Any unsafe conditions or potential hazards should be reported to management immediately, even if the problem appears to be corrected. Any suspicion of a concealed danger present on the Company's premises, or in a product, facility, piece of equipment, process, or business practice for which the Company is responsible should be brought to the attention of management immediately.
Periodically, the Company may issue rules and guidelines governing workplace safety and health. The Company may also issue rules and guidelines regarding the handling and disposal of hazardous substances and waste. All employees should familiarize themselves with these rules and guidelines as strict compliance will be expected.
Any workplace injury, accident, or illness must be reported to the employee's manager as soon as possible, regardless of the severity of the injury or accident.
5-15Hiring Relatives/Employee Relationships
A familial relationship among employees can create an actual or at least a potential conflict of interest in the employment setting, especially where one relative supervises another relative. To avoid this problem, Supplement Manufacturing Partner, Inc. may refuse to hire or place a relative in a position where the potential for favoritism or conflict exists.
In other cases, such as personal relationships where a conflict or the potential for conflict arises, even if there is
no supervisory relationship involved, the parties may be separated by reassignment or discharged from employment, at the discretion of the Company. Accordingly, all parties to any type of intimate personal relationship must inform management.
If two employees marry, become related, or enter into an intimate relationship, they may not remain in a reporting relationship or in positions where one individual may affect the compensation or other terms or conditions of employment of the other individual. The Company generally will attempt to identify other available positions, but if no alternate position is available, the Company retains the right to decide which employee will remain with the Company.
For the purposes of this policy, a relative is any person who is related by blood or marriage, or whose relationship with the employee is similar to that of persons who are related by blood or marriage.
5-16Employee Dress and Personal Appearance
Employees are expected to report to work well groomed, clean, and dressed according to the requirements of their position. Some employees may be required to wear uniforms or safety equipment/clothing. Employees should contact their manager for specific information regarding acceptable attire for their position. If employees report to work dressed or groomed inappropriately, they may be prevented from working until they return to work well groomed and wearing the proper attire.
5-17Publicity/Statements to the Media
All media inquiries regarding the position of the Company as to any issues must be referred to the Chief Executive Officer or the Managing Partner. Only the Chief Executive Officer or the Managing Partner is authorized to make or approve public statements on behalf of the Company. No employees, unless specifically designated by the Chief Executive Officer or the Managing Partner, are authorized to make those statements on behalf of Company. Any employee wishing to write and/or publish an article, paper, or other publication on behalf of the Company must first obtain approval from the Chief Executive Officer or the Managing Partner.
5-18Operation of Vehicles
All employees authorized to drive Company-owned or leased vehicles or personal vehicles in conducting Company business must possess a current, valid driver's license and an acceptable driving record. Any change in license status or driving record must be reported to management immediately.
Employees must have a valid driver's license in their possession while operating a vehicle off or on Company property. It is the responsibility of every employee to drive safely and obey all traffic, vehicle safety, and parking laws or regulations. Drivers must demonstrate safe driving habits at all times.
Company-owned or leased vehicles may be used only as authorized by management.
Portable Communication Device Use While Driving
Employees who drive on Company business must abide by all state or local laws prohibiting or limiting portable communication device (PCD) use, including cell phones or personal digital assistants, while driving. Further, even if use is permitted, employees may choose to refrain from using any PCD while driving. "Use" includes, but is not limited to, talking or listening to another person or sending an electronic or text message via the PCD.
Regardless of the circumstances, including slow or stopped traffic, if any use is permitted while driving, employees should proceed to a safe location off the road and safely stop the vehicle before placing or accepting a call. If acceptance of a call is absolutely necessary while the employees are driving, and permitted by law, they must use a hands-free option and advise the caller that they are unable to speak at that time and will return the call shortly.
Under no circumstances should employees feel that they need to place themselves at risk to fulfill business needs.
Since this policy does not require any employee to use a PCD while driving, employees who are charged with traffic violations resulting from the use of their PCDs while driving will be solely responsible for all liabilities that result from such actions.
Texting and e-mailing while driving is prohibited in all circumstances.
5-19Business Expense Reimbursement
Employees will be reimbursed for reasonable approved expenses incurred in the course of business. These expenses must be approved by The Company, and may include air travel, hotels, motels, meals, cab fare, rental vehicles, or gas and car mileage for personal vehicles. All expenses incurred should be submitted to the Chief Financial Officer along with the receipts in a timely manner.
Employees are expected to exercise restraint and good judgment when incurring expenses. Employees should contact HR or The Company in advance if they have any questions about whether an expense will be reimbursed.
5-20Moonlight Policy
Supplement Manufacturing Partner, Inc. recognizes that employees may, on occasion, seek or maintain outside employment or self-employment. However, employees’ primary work obligation is to the Company. To ensure that outside employment does not conflict with Company operations or job performance, the following guidelines apply:
Job Performance
Employees are expected to perform their duties for Supplement Manufacturing Partner, Inc. efficiently and effectively. Outside employment must not interfere with the employee’s job performance, attendance, scheduling, or ability to work required overtime or shifts.
Conflicts of Interest
Employees may not engage in any outside employment, business activity, or self-employment that competes with Supplement Manufacturing Partner, Inc., supplies goods or services to the Company, or could otherwise create a conflict of interest or the appearance of one.
Use of Company Resources
Employees are prohibited from using Company time, materials, equipment, facilities, confidential information, or other resources for outside employment or business activities.
Health and Safety
Because manufacturing work can be physically demanding, employees must ensure that outside employment does not compromise their ability to safely and effectively perform their duties. Fatigue or injury resulting from other employment will not excuse unsatisfactory performance or safety violations.
Disclosure and Approval
Employees are required to notify Human Resources in writing before accepting or continuing outside employment. The Company reserves the right to deny or rescind approval if the outside employment is determined to interfere with business interests, job performance, or workplace safety.
Disciplinary Action
Failure to disclose outside employment or engaging in prohibited moonlighting activities may result in disciplinary action, up to and including termination of employment.
5-21Food Sharing Policy
To maintain the highest standards of health, safety, and product integrity, Supplement Manufacturing Partner, Inc. (SMP) has established the following Food Sharing Policy. This policy is designed to ensure a clean, safe, and professional work environment for all employees and to support the Company’s commitment to quality manufacturing and regulatory compliance.
Purpose
The purpose of this policy is to prevent contamination risks, maintain sanitation standards, and protect employees who may have food allergies or dietary restrictions. Because SMP operates in a manufacturing environment where cleanliness and product safety are critical, food handling and sharing must be managed carefully.
General Guidelines
Food sharing is not permitted in production, packaging, warehouse, or laboratory areas.
Food may only be consumed or shared in designated break areas or lunchrooms that are separate from production zones.
Employees are expected to keep all food and beverages sealed and stored properly when not in use.
Homemade foods intended for sharing (such as potlucks or celebrations) must be approved in advance by Human Resources or the Department Manager to ensure compliance with health and safety standards.
Employees must clean up after themselves and dispose of food waste in designated receptacles.
Allergens and Safety
Employees must exercise caution when bringing or sharing foods that contain common allergens (e.g., peanuts, tree nuts, shellfish, dairy, soy, wheat).
SMP encourages labeling shared food items with ingredients to help protect those with allergies or dietary restrictions.
Any intentional or negligent act that jeopardizes another employee’s health or safety related to food sharing may result in disciplinary action.
Company-Provided Meals or Events
When SMP provides food for company events, all reasonable efforts will be made to accommodate dietary restrictions and ensure food safety standards are met.
Employees are encouraged to communicate any food allergies or dietary needs to Human Resources in advance.
Compliance
Failure to follow this policy—including bringing or sharing food in unauthorized areas—may result in corrective or disciplinary action, up to and including termination, depending on the severity of the violation.
5-22References
Supplement Manufacturing Partner, Inc. will respond to reference requests through the Human Resources Department. The Company will provide general information concerning the employee such as date of hire, date of discharge, and positions held. Requests for reference information must be in writing, and responses will be in writing. Please refer all requests for references to the Human Resources Department.
Only the Human Resources Department may provide references.
5-23Voluntary Resignation and Return of Company Property
If an employee chooses to resign from the Company, we request that they provide their Manager with a minimum of two (2) weeks’ advance written notice. Additional notice, when possible, is appreciated and helps ensure a smooth transition.
All Company property— including but not limited to keys, security cards, parking passes, laptop computers, mobile devices, uniforms, and other equipment—must be returned on or before the employee’s final day of employment. Employees are also required to return all Company Confidential Information upon separation.
To the extent permitted by applicable law, employees may be held financially responsible for lost, unreturned, or damaged Company property. When lawful, the Company may recover such costs through payroll deduction.
As noted previously, all employees are employed at will, and nothing in this handbook is intended to alter that relationship.
5-24Mail Policy
To ensure proper handling of mail and communications sent to employees, and to maintain accurate employee contact information
Policy:
Employee Responsibility: Employees are responsible for maintaining a valid and up-to-date mailing address on file with the company. Any changes to an employee’s mailing address must be reported promptly to Human Resources.
Handling Returned Mail: Mail returned to the company due to an invalid address may be held for a designated period of up to 10 days. The company will attempt to notify the employee of the returned mail.
Unclaimed Mail: If the employee does not retrieve the mail within the designated timeframe after notification, the company reserves the right to disregard or dispose of it at its discretion.
Confidentiality: Company mail will be handled in a manner consistent with confidentiality and security standards. Employees should not use the company’s mailing address for personal business purposes that violate company policy.
Questions: Employees with questions regarding mail handling should contact Human Resources for guidance.
5-25If You Must Leave Us
Should the employees decide to leave the Company, we ask that they provide a Manager with at least two (2) weeks advance notice of departure. Thoughtfulness will be appreciated. All Company, property including, but not limited to, keys, security cards, parking passes, laptop computers, fax machines, uniforms, etc., must be returned at separation. Employees also must return all of the Company's Confidential Information upon separation. To the extent permitted by law, employees will be required to repay the Company (through payroll deduction, if lawful) for any lost or damaged Company property. As noted previously, all employees are employed at-will and nothing in this handbook changes that status.
5-26Exit Interviews
Employees who resign are requested to participate in an exit interview with the Human Resources Representative, if possible.
5-27A Few Closing Words
This handbook is intended to give employees a broad summary of things they should know about Supplement Manufacturing Partner, Inc. The information in this handbook is general in nature and, should questions arise, any member of management should be consulted for complete details. While we intend to continue the policies, rules and benefits described in this handbook, Supplement Manufacturing Partner, Inc., in its sole discretion, may always amend, add to, delete from or modify the provisions of this handbook and/or change its interpretation of any provision set forth in this handbook. Employees should not hesitate to speak to management if they have any questions about the Company or its personnel policies and practices.
General Handbook Acknowledgment
This Employee Handbook is an important document intended to help employees become acquainted with Supplement Manufacturing Partner, Inc. This document is intended to provide guidelines and general descriptions only; it is not the final word in all cases. Individual circumstances may call for individual attention.
Because the Company's operations may change, the contents of this Handbook may be changed at any time, with or without notice, in an individual case or generally, at the sole discretion of management.
Please read the following statements and sign below to indicate your receipt and acknowledgment of this Handbook.
I have received and read a copy of Supplement Manufacturing Partner, Inc.'s Employees Handbook. I understand that the policies, rules and benefits described in it are subject to change at the sole discretion of the Company at any time.
I further understand that my employment is terminable at will, either by myself or the Company, with or without cause or notice, regardless of the length of my employment or the granting of benefits of any kind.
I understand that no representative of Supplement Manufacturing Partner, Inc. other than the Chief Human Resource Officer may alter "at will" status and any such modification must be in a signed writing.
I understand that my signature below indicates that I have read and understand the above statements and that I have received a copy of the Company's Employee Handbook along with the Non-Harassment Policy.
Employee's Printed Name: Employee's Signature: Position:
Date:
The signed original copy of this acknowledgment should be given to management - it will be filed in your personnel file.
By signing below, I acknowledge that I have received, read, and understand the Employee Handbook and all policies contained within it, including the Non-Harassment Policy and the New York-specific policies (Sexual Harassment, Reproductive Health Decision Making) as set forth above, and I agree to comply with its terms.
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