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Employee Handbook February, 2015

Optimum Networking Handbook 2.2015

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Page 1: Optimum Networking Handbook 2.2015

Employee Handbook February, 2015

Page 2: Optimum Networking Handbook 2.2015

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Optimum Networking, Inc. - 2-2015 2

OUR MISSION

Our mission is to provide solid, proven and efficient computer network solutions by

delivering superior designs, installation and support services that organizations need to

effectively compete in the global marketplace. Since 1995 we have been dedicated to

making this mission a reality.

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OPTIMUM NETWORKING, INC.

EMPLOYEE HANDBOOK

TABLE OF CONTENTS

WELCOME NEW EMPLOYEE ............................................................................................................ 5

SECTION I: INTRODUCTION ............................................................................................................. 6

101 - HANDBOOK INTERPRETATION ..............................................................................................................6 102 - PEO CO-EMPLOYMENT .............................................................................................................................6 103 - EQUAL EMPLOYMENT OPPORTUNITY (REVISED 2-2015) ..................................................................7 104 - AMERICANS WITH DISABILITIES ACT (ADA) .....................................................................................7 105 - HIPAA COMPLIANCE ..................................................................................................................................7 106 - NON-DISCRIMINATION AND SEXUAL HARASSMENT POLICY (REVISED 2-2015) .......................8

SECTION II: EMPLOYMENT INFORMATION ............................................................................... 9

201 - APPLICATION FOR EMPLOYMENT ........................................................................................................9 202 - ARBITRATION ..............................................................................................................................................9 203 - ATTENDANCE (REVISED 2-2015).................................................................................................................9 204 - CLASSIFICATION OF EMPLOYEE STATUS ........................................................................................10 205 - CLASSIFICATION OF POSITION – EXEMPT VS. NON-EXEMPT ....................................................11 206 - EMERGENCY CLOSINGS .........................................................................................................................11 207 - EMPLOYMENT ELIGIBILITY .................................................................................................................12 208 - HOURS OF WORK .......................................................................................................................................12 209 - MEAL AND BREAK PERIODS ..................................................................................................................13 210 - ON-CALL POLICY FOR ENGINEERS (REVISED 5-2014) ......................................................................13 211 - OVERTIME (REVISED 5-2014) ....................................................................................................................13 212 - PAY PERIODS AND PAY DATES (REVISED 5-2014) ...............................................................................14 213 - PAYROLL DEDUCTIONS ..........................................................................................................................14 214 - PAYROLL DIRECT DEPOSIT ...................................................................................................................15 215 - PERFORMANCE EVALUATIONS............................................................................................................15 216 - PERFORMANCE IMPROVEMENT ..........................................................................................................15 217 - PERSONAL INFORMATION CHANGES ................................................................................................15 218 - TERMINATION ............................................................................................................................................16 219 - TIMEKEEPING ............................................................................................................................................16 220 - TIME TRACKING SYSTEM ......................................................................................................................17 221 - TRAVEL TIME FOR NON-EXEMPT EMPLOYEES ..............................................................................17

SECTION III: EMPLOYEE BENEFITS ............................................................................................ 19

301 - BENEFIT PACKAGE SUMMARY .............................................................................................................19 302 - BUSINESS EXPENSES ................................................................................................................................19 303 - HOLIDAYS (REVISED 5-2014) .....................................................................................................................20 304 - SICK PAY (REVISED 2-2015) ........................................................................................................................21 305 - SOCIAL SECURITY ....................................................................................................................................22 306 - VACATION (REVISED 6-2011) .....................................................................................................................22 307 - WORKPLACE ACCOMODATIONS FOR NEW MOTHERS (REVISED 5-2014)..................................23 308 - WORKERS’ COMPENSATION .................................................................................................................23

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SECTION IV: LEAVES OF ABSENCE ............................................................................................. 24

401 - BEREAVEMENT LEAVE ...........................................................................................................................24 402 - JURY AND WITNESS DUTY LEAVE .......................................................................................................24 403 - GENERAL MEDICAL LEAVE (REVISED 2-2015) ....................................................................................25 404 - MILITARY LEAVE ......................................................................................................................................28 405 - PERSONAL LEAVE .....................................................................................................................................28 406 - VOTING LEAVE ..........................................................................................................................................29

SECTION V: MISCELLANEOUS ...................................................................................................... 30

501 - ANTI-VIOLENCE ........................................................................................................................................30 502 - CONFIDENTIALITY ...................................................................................................................................30 503 - CONFLICT OF INTEREST (REVISED 8-2011) ..........................................................................................31 504 - DOCUMENT DESTRUCTION ...................................................................................................................32 505 - DRUG AND ALCOHOL FREE WORKPLACE POLICY .......................................................................32 506 - EMPLOYMENT VERIFICATIONS ...........................................................................................................34 507 - HUMAN RESOURCES RECORDS ............................................................................................................34 508 - OUTSIDE EMPLOYMENT (REVISED 8-2011) ..........................................................................................35 509 - PERSONAL APPEARANCE .......................................................................................................................36 510 - PROBLEM RESOLUTION PROCEDURE ...............................................................................................36 511 - SAFETY .........................................................................................................................................................38 512 - SMOKE-FREE ENVIRONMENT ...............................................................................................................38 513 - SOLICITATION ...........................................................................................................................................39 514 - USE OF COMPANY PROPERTY ...............................................................................................................39 515 - VISITOR POLICY ........................................................................................................................................41 516 - WORK RULES ..............................................................................................................................................41

ACKNOWLEDGEMENT AND RECEIPT OF HANDBOOK .......................................................... 43

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WELCOME NEW EMPLOYEE!

Welcome to Optimum Networking, Inc.! I wish you every success here.

We believe that each employee contributes directly to the growth and success of Optimum Networking,

Inc., and I hope you will take pride in being a member of our team.

This handbook was developed to describe some of the expectations of our employees and to outline the

policies, programs, and benefits available to eligible employees. Employees should familiarize

themselves with the contents of the employee handbook as soon as possible. It will answer many

questions about employment with Optimum Networking, Inc.

We hope that your experience here will be challenging, enjoyable, and rewarding. We welcome your

questions and encourage the innovative ideas, comments and suggestions of employees. Please feel free

to share these with your supervisor. Again, welcome!

Sincerely,

William Turnbough

CEO

Optimum Networking, Inc.

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SECTION I: INTRODUCTION

101 - HANDBOOK INTERPRETATION

This Employee Handbook is provided to employees of Optimum Networking, Inc. (hereinafter referred

to collectively as “the Company” or “Optimum Networking”) merely as a description of various

company policies, procedures, and employee benefits to assist you in conduct of company business.

Optimum Networking, Inc. reserves the right, at its sole discretion, to change at any time its policies and

procedures.

THIS EMPLOYEE HANDBOOK IS NOT A CONTRACT. NOTHING IN THIS HANDBOOK

SHALL CREATE OR IS INTENDED TO CREATE, OR SHALL BE CONSTRUED TO

CONSTITUTE A CONTRACT OF EMPLOYMENT, EXPRESS OR IMPLIED.

All employment with Optimum Networking, Inc. is “at-will”, which means that your employment may

be terminated, with or without cause, or with or without notice, at any time, at your option or at the

option of Optimum Networking, Inc., so long as there is no violation of applicable federal or state law.

This “at-will” policy can be changed or modified in writing and signed by the Chief Executive Officer

(CEO) or President of Optimum Networking, Inc. No other representatives or employee of Optimum

Networking, Inc. has any authority to make employment agreements of any kind.

These provisions supersede all existing policies and practices and may not be amended or added to

without the express written approval of the CEO or President of Optimum Networking, Inc.

Please keep this handbook readily available and promptly insert updated material provided to you.

Contact the Office Manager for clarification of information or answers to questions.

102 - PEO CO-EMPLOYMENT

Peliton HR Administration and Optimum Networking are co-employers. Peliton HR Administration is a

Professional Employer Organization (PEO). A company enters into a partnership agreement with a PEO

in order to enjoy all functions handled by a Human Resources Department. Some of the services

provided may include:

Developing employment policies that are in compliance with all local, state and federal

employment laws

Benefits administration

Employee relations investigations and counseling

New hire paperwork and terminations

Training

Payroll administration

Workers’ Compensation Insurance coverage

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Optimum Networking directs your day-to-day work responsibilities, sets performance guidelines, and

determines your compensation level.

There will be some occasions where you will have the need to list Peliton HR Administration as your

employer and others where you will need to list Optimum Networking as your employer. For example,

when a bank is requesting employment verification because you are applying for a loan, you will need to

list Peliton HR Administration as your employer.

103 - EQUAL EMPLOYMENT OPPORTUNITY (Revised 2-2015)

It is, and will continue to be, the policy of Optimum Networking that all persons are entitled to equal

employment opportunity based on their individual qualifications, performance, and potential without

regard for their race, color, gender, marital status, sexual orientation, religion, age, national origin

(including physical, cultural, or linguistic characteristics), ancestry, disability (mental and physical),

medical condition, veteran status or genetic information, as required by state and federal law.

In compliance with the provisions of applicable state and federal civil rights laws, every effort will be

made to employ the most qualified individuals without regard to the above factors and to provide

reasonable accommodation to the disabilities and religious practices of individuals. Additionally, it is

our policy to provide promotion and advancement opportunities in a non-discriminatory fashion. Any

individual who believes they has been discriminated against should immediately contact either the

Office Manager or the Peliton Human Resources Department.

104 - AMERICANS WITH DISABILITIES ACT (ADA)

As part of our Equal Employment Opportunity commitment, Optimum Networking will implement all

applicable provisions of the Americans with Disabilities Act (ADA). Optimum Networking does not

discriminate against any qualified applicant or employee with a known physical or mental disability in

any employment practice including hiring, promotion, job assignment, compensation, discipline,

training, and termination. Ability, not disability, is the basis of all employment decisions.

As required under ADA, Optimum Networking will provide reasonable accommodations for qualified

individuals with known disabilities to assist them in performing the essential functions of the job unless

the accommodation would create an undue hardship to Optimum Networking or create a direct health or

safety threat. Any employee with ADA-related questions or discrimination complaints, or anyone

seeking an accommodation is encouraged to contact the Office Manager or the Peliton Human

Resources Department.

105 - HIPAA COMPLIANCE

The Health Insurance Portability and Accountability Act (HIPAA) provides rights and protections for

participants and beneficiaries in group health plans. HIPAA includes protections for coverage under

group health plans that limit exclusions for pre-existing conditions; prohibit discrimination against

associates and dependents based on health status; and allow a special opportunity to enroll in a new plan

to individuals in certain circumstances. HIPAA also requires that health insurance

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providers/administrators limit the release of health information to the minimum necessary required for

care, or as outlined in the group health plan’s Privacy Notice.

Employees with questions about claims should contact the benefits carrier first. If, after contacting the

carrier, additional assistance is required, Peliton HR Administration will assist with any claim issues.

Peliton HR Administration may require employees to provide written authorization to release

information related to the claim.

106 - NON-DISCRIMINATION AND SEXUAL HARASSMENT POLICY (Revised 2-2015)

It is the policy of Optimum Networking that employees and their work environment will be free from all

forms of unlawful harassment and intimidation. Optimum Networking does not, and will not, permit or

tolerate employees who engage in unlawful discriminatory practices, sexual harassment, or harassment

based on race, color, gender, marital status, sexual orientation, religion, age, national origin (including

physical, cultural, or linguistic characteristics), ancestry, disability (mental and physical), medical

condition, veteran status or genetic information. Unlawful harassment by any employee, supervisor,

manager, or person doing business with Optimum Networking is strictly prohibited.

Harassment is verbal or physical conduct that denigrates or shows hostility toward an individual because

of their race, color, gender, marital status, sexual orientation, religion, age, national origin (including

physical, cultural, or linguistic characteristics), ancestry, disability (mental and physical), medical

condition, veteran status, or genetic information and that creates an intimidating, hostile, or offensive

work environment. Harassment is defined as severe or pervasive treatment that creates an objectively

and subjectively hostile, intimidating, or offensive work environment. Harassment may include, but is

not limited to epithets, slurs, jokes, or other verbal or physical conduct relating to an individual’s race,

color, gender, marital status, sexual orientation, religion, age, national origin (including physical,

cultural, or linguistic characteristics), ancestry, disability (mental and physical), medical condition,

veteran status, genetic information or other factors protected by applicable state and/or federal laws.

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or

physical conduct of a sexual nature with the purpose or effect of unreasonably interfering with an

individual’s work performance or creating an intimidating, hostile, or offensive work environment; or

when submission to or rejection of such conduct is the basis for employment decisions affecting a

worker.

Any employee who believes that they are being sexually harassed, or harassed on the basis of race,

color, gender, marital status, sexual orientation, religion, age, national origin (including physical,

cultural, or linguistic characteristics), ancestry, disability (mental and physical), medical condition,

veteran status or genetic information, should immediately report their concerns to the Office Manager.

If the Office Manager is unavailable or the employee believes it would be inappropriate to contact that

person, the employee should immediately contact the CEO or President of Optimum Networking or the

Peliton Human Resources Department. Employees who raise concerns or make reports will not be

retaliated against for their complaint. The complaint will be promptly investigated and, if it is

determined that harassment has occurred, Optimum Networking will take appropriate disciplinary

action, up to and including termination of the offending employee(s).

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SECTION II: EMPLOYMENT INFORMATION

201 - APPLICATION FOR EMPLOYMENT

Optimum Networking relies upon the accuracy of information contained in the employment application,

as well as the accuracy of other data presented throughout the hiring process and employment. Any

fraudulent misrepresentations, falsifications, or material omissions in any of this information or data

may result in Optimum Networking's exclusion of the individual from further consideration for

employment or, if the person has been hired, termination of employment.

202 - ARBITRATION

In order to provide its employees with a means for resolving any and all disputes or legal claims arising

out of or related to their employment by Optimum Networking, and avoid the need for what can be

costly litigation (for both sides) in federal or state courts, Optimum Networking has established an

employment dispute resolution arbitration procedure. Optimum Networking has adopted this policy

because of its belief that a fair, speedy, cost effective, and private method of resolving problems will be

to the advantage of both Optimum Networking and its employees. A description of the steps involved in

arbitration is contained in the Arbitration Procedure handbook. Please contact the Peliton Human

Resources Department for a copy of the Arbitration Procedure handbook.

203 - ATTENDANCE (Revised 2-2015)

Attendance by employees at their assigned work place and on their assigned schedule is a key element

of good employee performance and company productivity. Each employee is responsible for attending

work on a timely and consistent basis. Each manager must track absences and tardiness for each

employee, and provide appropriate counseling to employees as needed. An employee’s attendance

record will be considered when evaluating requests for promotions, transfers, leaves of absence,

approved time off, and other employment statuses.

Optimum Networking understands that, at times, it may be necessary for an employee to be away from

work during scheduled work hours due to emergencies, illnesses, or pressing personal business. If an

employee is unable to report to work, or will be arriving late, it is their responsibility to contact

[email protected], no later than sixty (60) minutes before their scheduled start time each

day that they are expected to be at work, noting the expected date and/or time of return. If an employee

knows in advance that they will be absent, they are required to request time off directly from their

supervisor.

Absence or tardiness may be due to adverse weather. Weather makes travel difficult at times; Optimum

Networking does not expect its employees to put their lives at risk. When weather conditions are fair or

moderate, Optimum Networking expects its employees to arrive at work on time by leaving home earlier

to allow for the conditions. In unusually harsh conditions, Optimum Networking understands it may

take employees longer to travel to work and, therefore, may result in their arriving later than their usual

start time. If the weather conditions are too severe, Optimum Networking will contact their employees

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and let them know the office is closed. It will be up to the CEO or President whether or not the office

will open later in the day.

Optimum Networking expects its employees to have adequate transportation so that they will be able to

report for work as scheduled. For this reason, any absence or tardiness due to transportation problems is

considered unexcused.

An employee’s absence from work for three (3) consecutive days without notifying their supervisor will

be considered a voluntary resignation.

Be aware that excessive absenteeism, tardiness or leaving early may lead to disciplinary action, up to

and including termination of employment.

204 - CLASSIFICATION OF EMPLOYEE STATUS

All employees of Optimum Networking are employed for an indefinite term, and either the employee or

Optimum Networking may terminate employment, with or without cause, at any time. This status can

only be altered by a written contract of employment which is specific as to all material terms and is

signed by both the employee and the CEO or President of Optimum Networking. No verbal statement

or promise from a manager or supervisor shall be interpreted as, nor will it constitute, an agreement or

contract with an employee. All employees will be classified as one of the following:

Regular, Full-Time Employees:

A regular, full-time employee is an individual who is classified as such, whose employment is for an

indefinite term, and who is scheduled to work a minimum of thirty (30) hours per week on a regular

basis. A regular full-time employee is eligible for group insurance benefits, paid leave time and

company-paid holidays.

Regular, Part-Time Employees:

A regular, part-time employee is an individual who is classified as such, whose employment is for an

indefinite term, and who is scheduled to work less than thirty (30) hours per week on a regular basis. A

regular, part-time employee is not eligible for group insurance benefits, paid leave time, or company-

paid holidays.

Temporary Employees:

A temporary employee is an individual who is classified as such and whose work assignment is expected

to be of limited duration. A temporary employee receives all legally mandated benefits (such as Social

Security and Workers’ Compensation) they are not eligible for group insurance benefits, paid leave time,

or company-paid holidays.

Independent Contractors:

An independent contractor is an individual who is not an employee of Optimum Networking and

therefore is not eligible for group insurance benefits, paid leave time, or company-paid holidays.

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205 - CLASSIFICATION OF POSITION – EXEMPT VS. NON-EXEMPT

In addition to an employee’s work status, all employees are classified as either “Exempt” or “Non-

exempt,” depending on the positions they are filling. In general, “Exempt” refers to an employee who is

exempt under the executive, administrative, or professional exemptions from the minimum wage,

timekeeping, and overtime requirements of the Fair Labor Standards Act (FLSA) and any similar

requirements of applicable state law. “Non-exempt” refers to an employee who is not exempt from

these FLSA or state law requirements. Whether or not an employee is considered exempt or non-

exempt is governed by applicable state and federal wage and hour laws. These terms are defined as

follows:

Exempt Employees:

All exempt employees are paid on a salary basis, with the exception of some computer professionals and

sales representatives. An exempt employee’s salary is for total compensation for all hours worked in a

workweek. Exempt employees’ rates of pay are generally stated in terms of monthly or annual salaries.

This does not, however, mean that such employees are employed for any definite period of time.

Non-exempt Employees:

Non-exempt employees’ rates of pay may be stated in terms of either hourly or salary rates and such

employees are compensated on a semi-monthly pay cycle on 15th

and last of the month. Non-exempt

employees must accurately report their hours worked for each workweek on a time sheet. Such

employees are paid an overtime premium in accordance with applicable state and federal law.

Optimum Networking work week starts on a Monday and end on Sunday.

206 - EMERGENCY CLOSINGS

Optimum Networking’s office(s) will be open during regular working hours every working day,

regardless of weather conditions, unless otherwise notified by Management. Employees should check

with their supervisor if they feel that extreme weather may affect their work hours.

If the office is open, employees are expected to make every effort to report to work on time and to

remain on duty for the entire workday. However, in periods of inclement weather or other emergency

conditions, it is not Optimum Networking’s intention to require employees to take risks that may

endanger their safety or the safety of others. If the office is open and the employee chooses not to report

to work, the employee may choose to use one of the following options:

Vacation (if available)

Leave Without Pay

If employees are unable to report to work due to adverse weather conditions, they should personally

notify their supervisor as soon as possible. Should Management decide to close the office during

working hours due to inclement weather, employees who reported to work and worked a minimum

number of hours (to be determined at each occurrence) will be paid for the entire day. Hours paid but

not worked are considered "non-productive hours" for purposes of overtime calculations for that

workweek. Those employees who worked less than the established minimum number of hours will be

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paid for actual time worked. In this case, Vacation may be substituted (if available) so that the total

hours will equal a regular eight (8) hour workday. Or, if approved by their supervisor, the employee

may work extra hours to make up for any time lost due to inclement weather. However, extra hours

must be made up during the same week in which the time was lost.

In some instances, employees may be authorized to work from home providing customer support as

needed. In this case, the employee will be paid for all hours worked after they have submitted the time

and documentation of work performed to their supervisors for approval.

207 - EMPLOYMENT ELIGIBILITY

Under the Immigration and Reform Control Act of 1986, Optimum Networking and Peliton HR

Administration must verify that every new employee is either a United States citizen or is authorized to

be employed in the United States. Both the new employee and the Office Manager of Optimum

Networking must complete portions of the INS Form I-9 and the Affirmation of Legal Work Status,

verifying the prospective employee’s identity and indicating that the new hire is authorized for

employment. Form I-9 and the Affirmation of Legal Work Status must be completed at the time of hire

and eligibility verification must be completed within three business days of that date. Employees who

cannot provide proof of identity and employment eligibility within three (3) business days cannot

continue to be employed by Optimum Networking.

Peliton HR Administration participates in the voluntary E-Verify program to confirm every new

employee’s United States work eligibility. Once new employee paperwork is submitted to Peliton HR

Administration, a Peliton Human Resources representative will process the new employee’s information

in the E-Verify system. If the new employee cannot initially be confirmed eligible to work in the United

States, a Peliton Human Resources representative will contact Optimum Networking with further

instructions on how to confirm the new employee’s work eligibility.

208 - HOURS OF WORK

The normal business hours are Monday thru Friday 8:00 a.m. to 5:00 p.m. Our ROC (Remote

Operations Center) is open from 7:00 a.m. to 6:00 p.m. to accommodate our customers. Staffing needs

and operational demands may necessitate variations in starting and ending times, as well as variations in

the total hours that may be scheduled each day and each workweek. Management will advise employees

of the times their schedules will normally begin and end.

Flexible scheduling of flextime, is available in some cases to allow employees to vary their starting and

ending times each day within established limits. Flextime may be possible if a mutually workable

schedule can be negotiated with the supervisor involved, however such needs as staffing issues, the

employee’s performance, and the nature of the job will be considered before flextime is approved.

Employees should consult with their supervisor to request participation in the flextime program.

Employees who are unable to report to work as scheduled will be responsible for personally notifying

their supervisor. Messages left with a co-worker is not considered personal notification. When the

supervisor is unavailable, a personal message left on their voice mail is acceptable. Absences without

proper notification may result in disciplinary action, up to and including termination of employment.

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An employee absent from work for three (3) consecutive days without notifying their supervisor will be

considered to have voluntarily resigned their position.

209 - MEAL AND BREAK PERIODS

Each workday, full-time non-exempt employees are provided with two (2) rest periods of fifteen (15)

minutes in length. To the extent possible, rest periods will be provided in the middle of work periods.

Since this time is counted and paid as time worked, employees must not be absent from their

workstations beyond the allotted rest period time.

Meal periods are typically an employee’s own free time and are not compensated. One meal period of

sixty (60) minutes in length is granted for shifts of five (5) hours or longer. The supervisor may

schedule meal periods to accommodate operating requirements. Employees will be relieved of all active

responsibilities and restrictions during meal periods and will not be compensated for that time. It is

expected that all employees will take their meal period. Meal and rest breaks may not be combined so

as to be taken consecutively.

210 - ON-CALL POLICY FOR ENGINEERS (Revised 5-2014)

Engineers who are on-call are required to respond to the customer within one (1) hour. Failure to

respond within said time frame can result in disciplinary action up to and including termination of

employment.

The on-call engineer must contact the customer on the “approved” list in ConncetWise to get the

approval to perform any work after normal business hours. Failure to obtain approval prior to

performing the work can result in disciplinary action up to and including termination of employment.

Holiday time for non-exempt employees who are on-call during the observed holiday are considered

productive hours and are included in computing overtime pay,

211 - OVERTIME (Revised 5-2014)

While Optimum Networking desires to keep work in excess of an employee’s regular work schedule at a

minimum, there are times when such work is necessary. Non-exempt employees will be paid an

overtime premium in accordance with applicable state and federal wage and hour laws. When possible,

advance notification of these mandatory assignments will be provided. All overtime work must

receive prior authorization from the employee’s supervisor. Overtime assignments will be

distributed as equitably and as possible to all employees qualified to perform the required work. Failure

to work scheduled overtime or overtime worked without prior authorization from their supervisor may

result in disciplinary action, up to and including termination of employment.

Overtime pay is based on actual hours worked and must be reported on the employee’s time sheet,

whether it was approved in advance or not. Failure to report overtime could result in disciplinary action,

up to and including termination of employment. Authorized leave time, such as sick pay/vacation,

bereavement leave, jury duty, voting time, and company events not requiring the employee’s attendance

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are considered "non-productive hours" and are not used in the calculation to compute overtime pay.

Company-sponsored events held outside regular office hours, which require the attendance of employees

(e.g., special training sessions), and holiday time for non-exempt employees who are on-call during the

observed holiday are considered productive hours and are included in computing overtime pay.

212 - PAY PERIODS AND PAY DATES (Revised 5-2014)

All employees are compensated semi-monthly on the 8th

and 23rd

of the month. Each paycheck will

include earnings for the specified period plus any hours not submitted from the previous pay period as

there are times when overtime is worked after the submission of payroll. In the event that a regularly

scheduled pay date falls on a day off, such as a weekend or holiday, employees will receive pay on the

last day of work before the regularly scheduled pay date. If a regular pay date falls during an employee's

vacation, the employee's paycheck will be available upon their return from vacation, if direct deposit is

not being utilized as the normal method of pay.

It is the employee’s responsibility to make sure their timesheets are submitted when instructed and that

any overtime, holiday pay, vacation pay, sick pay, or bereavement pay is noted on their timesheet.

Failure to do so could cause a discrepancy in the amount paid to the employee. Negligence in

submitting timesheets on time will be taken into consideration when completing an employee’s annual

performance review. This continued behavior may also result in disciplinary action up to and including

termination of employment.

Optimum Networking takes all reasonable steps to ensure that employees receive the correct amount of

pay in each paycheck and that employees are paid promptly on each scheduled pay date. In the unlikely

event that there is an error in the amount of pay, employees should promptly bring the discrepancy to the

attention of the Office Manager, so that corrections can be made as quickly as possible.

Optimum Networking does not provide pay advances on unearned wages to employees.

213 - PAYROLL DEDUCTIONS

The law requires that Optimum Networking make certain deductions from every employee's

compensation. Among these are applicable federal, state, and local income taxes. Optimum

Networking must also deduct Social Security taxes on each employee's earnings, up to a specified limit,

that is called the Social Security "wage base." Optimum Networking matches the amount of Social

Security taxes paid by each employee.

Eligible employees may also enroll in benefit programs that require deductions to be taken from their

paychecks to cover the costs of participation in these benefit programs.

Optimum Networking offers employees tax efficiencies through the ability to deduct certain benefit

costs on a pre-tax basis. Employee benefit elections are generally made prior to the beginning of each

plan year; the conditions of IRS Code Section 125 specifically prohibit employees from changing their

benefit coverage until the annual enrollment period, except in the case of a major life event. Some

examples of major life events are marriage or divorce, death of a spouse or dependent, birth or adoption,

termination of employment (or commencement of employment) of a spouse, or an employee’s change in

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employment status (from regular, full-time to regular, part-time, or vice versa). Per IRS guidelines,

Peliton HR Administration must be notified of the major life event within thirty (30) days of the event

date in order to make benefit changes.

Pay setoffs are pay deductions taken by Optimum Networking, usually to help pay off a debt or

obligation to Optimum Networking or others.

If an employee has questions concerning why deductions were taken from their paycheck or how they

were calculated, the Office Manager can assist in answering their questions.

214 - PAYROLL DIRECT DEPOSIT

Optimum Networking encourages all employees to participate in the Direct Deposit program. An

employee’s net pay can be deposited directly into a designated checking and/or savings account(s) at

almost any bank in the United States. Direct deposit is conveniently provided at no cost to the employee

and reduces the risk of lost or stolen paychecks.

215 - PERFORMANCE EVALUATIONS

Performance reviews will be conducted every (12) months. Optimum Networking may or may not

provide pay increases or promotions in conjunction with favorable performance evaluations. Any action

taken as a result of one performance evaluation should not be construed to set precedence upon future

evaluations by any employee.

216 - PERFORMANCE IMPROVEMENT

In the event of performance and/or behavior problems, corrective counseling may be initiated when

management believes that an employee’s performance or behavior problem can, and will be, resolved

through adequate counseling and support. Corrective counseling is at the discretion of management.

Optimum Networking expressly reserves the right to discharge "at-will."

The performance or behavior problem which management deems correctable through corrective

counseling will be documented and discussed with the employee, including recommendations for

improvements. If such performance or behavior problem is not resolved through counseling, further

disciplinary action, up to and including termination of employment, may be taken.

217 - PERSONAL INFORMATION CHANGES

It is the responsibility of each employee to promptly notify Optimum Networking of any changes in

personal data. Personal mailing addresses, telephone numbers, number and names of dependents,

individuals to be contacted in the event of an emergency, educational accomplishments, and other such

status reports should be accurate and current at all times. If any personal data has changed, notify the

Office Manager.

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218 - TERMINATION

Since employment with Optimum Networking is based upon mutual consent, either the employee or the

employer is privileged to terminate employment at any time, without cause or notice. Although

advanced notice is not required, Optimum Networking requests at least two (2) weeks written

resignation notice from all employees.

Employees will receive their final pay in accordance with applicable federal and state law. All accrued,

unused vacation will be paid to the employee upon termination. Insurance programs will terminate on

the last day of the month in which the termination occurs. Some benefits may be continued at the

employee’s expense through COBRA and/or State Continuation, if the employee so chooses, in

accordance with applicable federal and state law. The employee will be notified, in writing, of the

benefits that may be continued and of the terms, conditions, and limitations of such continuance by

Peliton HR Administration.

To establish classifications of termination, re-employment considerations, and benefits at the time of

termination, all terminations will be classified as follows:

Resignation:

Written notice is received from the employee giving advanced notice of their last day of employment.

Optimum Networking requests, but does not require, at least two (2) weeks advanced notice of last day

(such period is referred to as the "Notice Period"). This notice should include the reason for leaving and

the last day of employment. Optimum Networking may request that the employee not work the full

Notice Period; it is at the discretion of management that the employee gets paid for the full Notice

Period if the employee does not work the full period. An employee who resigns from Optimum

Networking may be considered favorably for future employment with Optimum Networking.

Quit:

An employee leaves Optimum Networking with no prior notice or less than the requested notice, as

outlined above. Since a "quit" is documented as such in the employee’s file, it may negatively affect the

employee’s chances for future employment with Optimum Networking.

Position Elimination:

An employee is terminated because of a lack of work or company reorganization. An employee

terminated due to position elimination may be considered favorably for future employment with

Optimum Networking.

Discharge:

A termination initiated by Optimum Networking for reasons other than position elimination. An

employee who is discharged is not eligible for re-employment with Optimum Networking.

219 - TIMEKEEPING

Accurately recording time worked is the responsibility of every non-exempt employee. Federal and

state laws require Optimum Networking to keep an accurate record of time worked in order to calculate

employee pay and benefits. Time worked is all time actually spent on the job performing assigned

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duties and is tracked by a time sheet. Altering, falsifying, tampering with time records, or recording

time on another employee's time sheet may result in disciplinary action, up to and including termination

of employment.

Non-exempt employees should accurately record the time they begin and end their work as well as the

beginning and ending time of each meal period. They should also record the beginning and ending time

of any split shift or departure from work for personal reasons.

It is the employee’s responsibility to sign their time sheets to certify the accuracy of all time recorded.

The supervisor will review and then initial the time sheets before submitting them for payroll

processing. In addition, if corrections or modifications are made to any time sheet, both the employee

and the supervisor must verify the accuracy of the change(s) by initialing the time sheet.

220 - TIME TRACKING SYSTEM

Employees of Optimum Networking are required to document the time they spend either on the phone or

at the customers site using our Time Tracking System which is currently ConnectWise. It is the

employee’s responsibility to make sure for each day they work; that they enter the necessary

documentation into the tracking system by following the appropriate steps.

If an employee fails to complete the required steps for tracking their calls and visits with our customers,

Optimum Networking will be unable to complete all of the following operational steps required to bill

the customer. Optimum Networking cannot stress enough how important this day to day task is for

successful operations. Should an employee fail to follow the steps or misses required documentation

within the time frame required, it could result in disciplinary action up to and including termination of

employment.

221 - TRAVEL TIME FOR NON-EXEMPT EMPLOYEES

As a general rule, non-exempt employees may travel locally to customer sites as part of their job;

however, due to the nature of some jobs, occasional travel outside of Colorado may be necessary.

One-Day Assignments:

All time spent in travel for one-day assignments, with the exception of the time traveling from home to

the airport and back and the usual meal time, is considered hours worked.

Overnight Travel:

Time spent in travel during the employee’s regular workday is counted as hours worked. For most non-

exempt employees, the regular workday hours are 8:00 a.m. to 5:00 p.m.

Time spent in travel away from home outside of the regular workday hours, either on a weekday or on

Saturday or Sunday, is not counted as hours worked unless the employee is actually performing work

during this time.

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An employee who is required to drive to their destination is considered to be performing work while

traveling and all travel time including time in an airport and on a plane, with the exception of bona fide

meal or sleeping periods, must be counted as hours worked.

When a non-exempt employee is offered public transportation, but voluntarily requests permission to

drive his or her car, only the time that would have been spent on public transportation during regular

workday hours is counted as hours worked.

Employees who travel outside of Colorado on business will be paid a per diem amount for each day

worked while conducting business on behalf of Optimum Networking. The per diem amount will vary

depending on the employees time of travel. Please consult with your supervisor as to the current amount

of per diem for each meal period.

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SECTION III: EMPLOYEE BENEFITS

301 - BENEFIT PACKAGE SUMMARY

Optimum Networking has made a large investment in its employee benefit package, which is an

important component of an employee’s compensation package. It is intended to complement the

competitive salary and opportunities for professional growth and development, and it is hoped that

employees will fully utilize their benefits, but not abuse them.

All regular, full-time employees are eligible for the benefits described in this handbook as soon as

eligibility requirements are met and proper enrollment paperwork is completed for each benefit.

Regular, part-time employees, temporary employees and independent contractors are typically not

eligible for the benefits Optimum Networking offers, unless otherwise noted.

Full-time regular employees are eligible for most group insurance benefits beginning the first of the

month following or coinciding with ninety (30) days of employment. Eligible employees may purchase

insurance for dependents under the medical, dental, vision, and supplemental plans offered by Optimum

Networking, through payroll deduction. Premiums deducted through payroll for benefits elected by the

employee will be withheld before deductions for Social Security and Federal Income taxes.

Optimum Networking group insurance benefits include: Medical, dental, vision, flexible benefits,

supplemental life, and disability insurance. The benefits of these plans are summarized in separate

summary plan descriptions that are distributed to each eligible employee and are available by contacting

the Peliton Human Resources Department.

302 - BUSINESS EXPENSES

Employees must be cost-conscious when spending Optimum Networking’s funds and when incurring

reimbursable business expenses. Business travel must be conducted and other reimbursable business

expenses must be incurred consistent with applicable Company policy.

All Optimum Networking business travel or other expenses must be approved in advance by the CEO or

President. Employees who’s travel plans have been approved should make all travel arrangements

through Optimum Networking’s designated travel agency.

Employees utilizing their personal vehicles to conduct Optimum Networking business will be

reimbursed at the current federal rate of reimbursement, as approved by the CEO or President. A check

will be issued for these reimbursed expenses. In the event an employee misplaces or loses the check and

a new one has to be re-issued, the employee will be responsible for the cost of placing a stop payment on

the lost check. This stop payment amount is determined by the banking institution used by Optimum

Networking.

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Employees who are involved in an accident while traveling on business must promptly report the

incident to the Office Manager. Vehicles owned, leased or rented by Optimum Networking may not be

used for personal use without prior approval.

Cash advances to cover reasonable anticipated expenses may be made to employees, after travel has

been approved. Employees should submit a written request to their supervisor when travel advances are

needed.

With prior approval, employees on business travel may be accompanied by a family member or friend,

when the presence of a companion will not interfere with successful completion of business objectives.

Generally, employees are also permitted to combine personal travel with business travel, as long as time

away from work is approved. Additional expenses arising from such non-business travel are the

responsibility of the employee.

When travel is completed, employees should submit completed travel expense reports within 10 days

Reports should be accompanied by receipts for all individual expenses of Five Dollars ($5.00) or

more.

Employees should contact the Office Manager for guidance and assistance on procedures related to

travel arrangements, travel advances, expense reports, reimbursement for specific expenses, or any other

business travel issue.

Abuse of this business travel expenses policy, including falsifying expense reports to reflect costs not

incurred by the employee, can be grounds for disciplinary action, up to and including termination of

employment.

303 - HOLIDAYS (Revised 5-2014)

Optimum Networking will grant a total of seven (7) days of paid holiday time off to all eligible regular

full-time employees. Regular, part-time employees, temporary employees and independent contractors

are not eligible for this benefit. The seven (7) days of paid holiday time off will be in observance of the

following holidays:

New Year's Day - January 1

Memorial Day - Last Monday in May

Independence Day - July 4

Labor Day - First Monday in September

Thanksgiving - Fourth Thursday in November

Day after Thanksgiving -

Christmas - December 25

Optimum Networking will grant paid holiday time off to all eligible employees immediately upon

employment. To be eligible for holiday pay, employees must work the last scheduled day immediately

preceding and the first scheduled day immediately following the holiday.

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A recognized holiday that falls on a Saturday will be observed on the preceding Friday. A recognized

holiday that falls on a Sunday will be observed on the following Monday.

If a recognized holiday falls during an eligible employee's paid sick time or vacation, holiday pay will

be provided instead of the paid sick pay or vacation that would otherwise have applied.

If eligible non-exempt employees work on a recognized holiday, they will receive holiday pay plus

wages at one and one-half times their straight-time rate for the hours worked on the holiday.

Paid time off for holiday leave is considered "non-productive hours" and is not considered when

computing overtime pay.

Contact the Office Manager for a copy of the current holiday schedule.

Approved holidays may be changed at the discretion of Optimum Networking for operational reasons.

Holidays must be taken during the applicable calendar year or they are lost; they may not be carried over

to the next calendar year. Employees are not compensated for unused holidays at termination.

304 - SICK PAY (Revised 2-2015)

Regular, full-time employees, are eligible to be compensated for sick time. Regular, part-time

employees, temporary employees and independent contractors are not eligible for this benefit. Sick pay

is available for use for absences occasioned by the eligible employee’s illness or injuries which are not

covered by Workers’ Compensation. With the supervisors’ approval, accrued sick pay may also be used

for an employee’s doctor appointments or immediate family illness(es).

SICK PAY EARNINGS SCHEDULE

EMPLOYMENT

STATUS

HOURS ACCRUED

PER PAY PERIOD

SICK DAYS

PER YEAR

Regular Full-Time 2 Hours 6 Days

Employees earn sick pay according to the earnings schedule, beginning with their first day of

employment, but are not eligible to request paid time until completing a waiting period of ninety (90)

days of employment. If time is taken before the waiting period has been fulfilled, it will be

considered unpaid time off.

Sick pay can be used in minimum increments of one (1) hour. Sick pay is not to be used in lieu of

vacation time. Employees are expected to contact [email protected] before their scheduled

start time when they are sick. The email should include a call back phone number where their

supervisor can reach the employee. The Company must also be contacted on each additional day of

absence. A physician’s statement is required for three (3) or more days of absence due to illness in order

to be eligible for paid time off.

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Sick pay is paid at the employee’s base pay rate at the time it is taken. It does not include overtime or

any special forms of compensation such as incentives, commissions, bonuses, or shift differentials.

Carryover of sick pay into the next “benefit year” is allowed up to a maximum of one hundred sixty

(160) hours or four (4) weeks. If the employee’s benefits reach the maximum amount allowed, further

accrual of sick pay benefits will be suspended until the employee has reduced the balance below the

limit.

Upon termination of employment, employees will not be paid for any accrued, unused sick pay that has

been earned through the last day of work.

305 - SOCIAL SECURITY

The United States Government operates a system of contributory insurance known as Social Security to

assist workers in planning for their retirement. As wage earners, all employees are required by law to

contribute a set amount of their wages to the trust fund from which Social Security benefits are paid.

Optimum Networking is required to deduct this amount from each paycheck. In addition, Optimum

Networking will match the contribution dollar for dollar, thereby paying one-half of the cost of

employees’ Social Security benefits.

306 - VACATION (Revised 6-2011)

Regular, full-time employees are eligible to be compensated for vacation time. Regular, part-time

employees, temporary employees and independent contractors are not eligible for this benefit.

The amount of paid vacation an employee accrues each year increases with the length of their

employment, as shown in the following schedule:

VACATION EARNINGS SCHEDULE

YEARS OF ELIGIBLE

SERVICE

HOURS ACCRUED

PER PAY PERIOD

VACATION DAYS

PER YEAR

Upon Initial Eligibility 3.33 Hours 10 Days

After 3 years 5.00 Hours 15 Days

After 10 Years 6.66 Hours 20 Days

The length of eligible service is calculated on the basis of a “benefit year”. This is the twelve (12)

month period that begins when the employee starts to earn vacation (i.e. the employee’s date of hire).

An employee’s benefit year may be extended, at the CEO or Presidents discretion, for any significant

leave of absence except a military leave of absence. Military leave has no effect on this calculation.

(See individual leaves of absence policies for more information.)

Employees earn vacation according to the earnings schedule, beginning with their first day of

employment. Employees can request use of vacation after completing a waiting period of ninety (90)

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days of employment. If time is taken before the waiting period has been fulfilled, it will be

considered unpaid time off.

Vacation can be used in minimum increments of four (4) hours.

When asking for five (5) or less consecutive days off, employees must request vacation from their

supervisor at least two (2) weeks prior to requested time off. When asking for more than five (5)

consecutive days off, employees must request vacation from their supervisor at least thirty (30)

days prior to requested time off. Vacation request forms may be obtained from the Office Manager.

Requests will be reviewed by the supervisor and based on a number of factors, including business needs

and staffing requirements.

Vacation is paid at the employee’s base pay rate at the time of vacation. It does not include overtime or

any special forms of compensation such as incentives, commissions, bonuses, or shift differentials.

Unused Vacation will accumulate until the employee has one hundred and sixty (160) available hours

and will subsequently stop accruing until the available balance is reduced below the limit. In the event

that available Vacation is not used by the end of the “benefit year”, up to one hundred and sixty (160)

hours can be carried over into the next year. Upon termination of employment, employees will be paid

for all accrued, unused vacation that has been earned through the last day of work.

307 - WORKPLACE ACCOMODATIONS FOR NEW MOTHERS (Revised 5-2014)

Optimum Networking provides new mothers with paid break time, meal time, or additional unpaid break

time, if necessary, to express breast milk for her nursing child in compliance with applicable federal and

state law. The Company will make reasonable efforts to provide a room or other location in close

proximity to the work area, other than a toilet stall, where an employee can express milk in privacy.

Nursing mothers who require this accommodation should consult with the Office Manager.

308 - WORKERS’ COMPENSATION

All Optimum Networking employees are covered against loss of earnings due to work-related accident,

injury, or injury by a Workers’ Compensation insurance policy furnished by Optimum Networking.

Medical care and other benefits are paid under the provisions of workers compensation laws.

The employee must report all work-related accidents, injuries or illnesses to management staff

immediately, no matter how minor. Failure of the employee to report the injury within ninety-six

(96) hours may result in loss of benefits.

To receive full Workers’ Compensation benefits, employees must abide by all safety policies and

procedures. Employees must use designated facilities. Failure to use Optimum Networking’s

designated facilities may result in loss or reduction of Workers’ Compensation benefits. Please contact

the Peliton Safety Department for questions pertaining to designated facilities. If employees go to their

own physician or any other physician or facility who is not a designated provider, neither Optimum

Networking, nor Workers’ Compensation insurance, will pay for the medical treatment or any days

missed from work. An employee with a limb/life-threatening injury should go to the nearest available

emergency room. Drug testing may take place when a Workers’ Compensation injury occurs.

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SECTION IV: LEAVES OF ABSENCE

401 - BEREAVEMENT LEAVE

In the event of a death in a regular, full-time, employee’s immediate family, the employee should notify

the Office Manager. Employees will be allowed up to three (3) days with pay. Regular, part-time

employees, temporary employees and independent contractors are not eligible for this benefit.

The immediate family is defined as the employee’s spouse, child, parent, grandparent, grandchild sister,

brother, parent-in-law, or legal guardian. Leave for attendance of non-immediate family members or

friends may be granted without pay. An employee may also choose to use Vacation, if available, for

additional time off.

Should a death in the family occur when an employee is on a scheduled Vacation, Bereavement Leave

may be substituted for Vacation within the Bereavement Leave guidelines stated above. For calculation

of overtime, any paid Bereavement Leave is considered "non-productive hours" and is not considered

when computing overtime pay.

402 - JURY AND WITNESS DUTY LEAVE

Optimum Networking encourages employees to fulfill their obligation to the community when called to

serve on a jury. Employees who receive notices of jury duty should immediately report it to their

supervisor and must provide the jury summons when requesting time off. For calculation of overtime

purposes for non-exempt employees, any paid jury duty time is considered "non-productive hours" and

is not considered in the calculation to compute overtime pay.

While on jury duty, employees should keep their supervisor informed on a daily basis of their status and

provide proof of time served. Employees will be paid for time off during jury service for up to a

maximum of three (3) days per calendar year and may keep any compensation paid by the court. If jury

service extends beyond three (3) days, Optimum Networking will take under advisement various options

to continue to compensate the employee during their absence. These options may include the use of

vacation time.

Should an employee receive notice of jury duty prior to or during a scheduled vacation, the employee

may reschedule the vacation with their supervisor. In the event an employee is not chosen to serve on a

jury on a given day or is dismissed early from jury service, the employee is expected to contact their

supervisor and report to work.

Time off for court appearances as a party to any civil or criminal litigation and not related to Optimum

Networking business will not be compensated by Optimum Networking.

An employee who is summoned to appear as a witness in a civil or criminal court action may be granted

time off for this purpose upon presenting proof of summons or subpoena to their supervisor. Time off

for such appearances shall not be compensated by Optimum Networking. The use of vacation for

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compensation for this type of situation must be pre-approved from your supervisor. If granted the use of

vacation or sick pay, these hours will not be considered for calculating overtime pay.

If employees have been subpoenaed or otherwise summoned to testify as witnesses by Optimum

Networking, they will receive paid time off for the entire period of witness duty.

403 - GENERAL MEDICAL LEAVE (Revised 2-2015)

Regular, full-time employees may be provided a medical leave of absence in limited circumstances.

Regular, part-time employees, temporary employees, and independent contractors are not eligible for

this benefit. Such a leave would include time off for an employee’s illness, pregnancy or an employee’s

injury, off the job.

Employees who have a cumulative twelve (12) months of prior service and who have worked at least

1,250 hours during the twelve (12) months immediately preceding the date on which General Medical

Leave would commence are eligible to request such leave.

There are three basic types of General Medical Leave available. They are as follows:

1. Pregnancy Leave - Leave for incapacity due to pregnancy, prenatal care, or childbirth.

2. Parental Leave - Leave for care of or bonding with the employee’s child within twelve (12)

months of the birth or placement for adoption or foster care of a child (under eighteen (18) years

of age).

3. Serious Family Illness Leave - Leave needed by the employee in order to care for a spouse, son

or daughter, or parent who has a serious health condition.

4. Serious Personal Illness Leave - Leave needed by the employee because of a serious health

condition which renders the employee unable to perform the functions of his or her job.

A serious health condition is defined as a condition that requires inpatient care at a hospital, hospice or

residential medical care facility, including any period of incapacity or any subsequent treatment in

connection with such inpatient care or a condition that requires continuing care by a licensed health care

provider

In general, eligible employees are entitled to a total of twelve (12) weeks of General Medical Leave

during any rolling 12-month period. In cases where both husband and wife work for Optimum

Networking, they will be eligible for a combined total of twelve (12) weeks of leave for Parental Leave.

When medically necessary, Serious Family Illness Leave or Serious Personal Illness Leave may be

taken intermittently in separate blocks of time (no less than one hour), or on the basis of a "reduced

leave schedule" under which an employee’s usual working hours each day or each week are reduced.

Requests to take Parental Leave on an intermittent reduced leave schedule will be granted at the

discretion of Optimum Networking.

Employees must provide Optimum Networking with at least thirty (30) days notice of the need for

General Medical Leave whenever the need for the leave is foreseeable, such as when the leave is for an

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expected birth or placement for adoption or for planned medical treatment. When planning medical

treatment, employees should consult with their supervisor and attempt to schedule the treatment so as to

minimize the impact of the employee’s absence on Optimum Networking’s operations. In cases where

the need for leave cannot be anticipated thirty (30) days in advance, the employee must give verbal

notice of the need for leave as soon as practicable, which in most cases, should be within one (1) or two

(2) working days of learning of the need of leave of absence, except in extraordinary circumstances

when such notice is not feasible. Failure to give proper notice of the need for General Medical Leave

when the need for such leave is foreseeable may result in denial of the leave until thirty (30) days after

such notice is provided.

Leave requests should be submitted in writing to the Office Manager and the Peliton Human Resources

Department for benefit tracking purposes. Optimum Networking will provide a response to the

employee within five (5) business days or as soon as practicable. For employees on intermittent or

recurring leave for the same incident, this notice will be provided every six (6) months.

The employee must complete and return a Medical Certification form, available from Optimum

Networking, before the leave begins whenever the need is foreseeable and at least thirty (30) days notice

has been provided. In cases where the need is not foreseeable, a Medical Certification form must be

provided within fifteen (15) calendar days of the request or as soon as reasonably possible under the

circumstances. Failure to provide proper medical certification may result in denial of leave, or denial of

continuation of leave, until the certification is provided.

If Optimum Networking has reason to question the validity of a Medical Certification provided by the

employee’s health care provider, Optimum Networking may require the employee to obtain a second

opinion, at Optimum Networking’s expense, from a health care provider designated by Optimum

Networking. In the event the second opinion differs from the first, Optimum Networking may require

the employee to obtain a third and final opinion, again at Optimum Networking’s expense from a health

care provider jointly approved by Optimum Networking and the employee.

Benefits Participation While on Leave:

An employee on approved General Medical Leave may continue group health insurance coverage during

the leave by paying the employee’s normal share of the cost of such coverage during the General

Medical Leave on or before the date when payroll deductions for such costs would normally be made.

Failure to pay the employee’s share of the premium, when due, may result in loss of coverage.

An employee who fails to return from General Medical Leave will be required to reimburse Optimum

Networking for Optimum Networking’s cost of maintaining group health insurance coverage for the

employee and/or the employee’s dependent while on General Medical Leave unless the employee’s

failure to return to work is due to the continuation, recurrence, or onset of a serious health condition of

the employee or the employee’s spouse, parent, son or daughter.

Use of Sick Pay/Vacation:

An employee is required to take all accrued sick pay/vacation at the onset of General Medical Leave. At

the point that all accrued sick pay/vacation is exhausted, the employee may be eligible for short-term

disability, if available and applicable, or if not, unpaid leave will begin. Sick pay/vacation will not

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accrue during a General Medical Leave. Holidays, bereavement leave, or employer’s jury duty pay will

not be granted during General Medical Leave.

Additional Paid Benefits for Parental Leave:

Optimum Networking offers additional paid leave for employees requesting a general medical leave for

care of or bonding with the employee’s child within twelve (12) months of the birth or placement for

adoption or foster care of a child. Regular, full-time employees are eligible to be compensated for these

absences based on the schedule below:

Employees who have been employed with Optimum Networking for at least six (6) months will receive

eight (8) hours of paid time off.

Employees who have been employed with Optimum Networking for at least one (1) year will receive

sixteen (16) hours of paid time off.

Employees who have been employed with Optimum Networking for at least one and one half (1 ½)

years will receive twenty-four (24) hours of paid time off.

Employees who have been employed with Optimum Networking for at least two (2) or more years will

receive thirty-two (32) hours of paid time off.

Parental Leave paid time off will not exceed thirty-two (32) hours per occurrence. Should an employee

request more time off, the employee will be required to use their sick or vacation time or if unavailable,

the remaining time off will be without pay.

Request for Reinstatement:

An employee returning from General Medical Leave should notify Optimum Networking of their

availability to return to work immediately upon being released to return to work by their health care

provider. The employee should also provide Optimum Networking with a certification from the health

care provider confirming the employee’s fitness to return to their normal duties if the duration of the

leave exceeded five (5) working days. Failure to provide a requested fitness-for-duty certification may

result in denial of reinstatement until this certification is provided.

Reinstatement:

Optimum Networking cannot hold a position open for an employee who is on General Medical Leave.

An employee seeking reinstatement from such leave may be offered their former position if it is

available. If the employee’s prior position is unavailable, the employee may be offered any available

position for which Optimum Networking concludes they may be qualified, at the rate of pay for the new

position. If no such position is available, the employee will be terminated.

In the event an employee declines an offer of reinstatement to any full-time or part-time position,

whether to his or her prior position or another position, the employee will be terminated.

Benefits at Reinstatement:

An employee returning from General Medical Leave will have their benefits reinstated to the same

levels as they enjoyed at the time the leave commenced (except for any paid leave benefits used during

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the leave), so long as the reinstatement is consistent with the employment status to which the employee

returns. If an employee’s pay rate upon return from leave is different from their pay rate prior to the

leave, any sick pay/vacation will be paid at the pay rate in effect at the time the benefits are used.

404 - MILITARY LEAVE

Optimum Networking is committed to protecting the job rights of employees enlisted in the United

States Armed Services. Under the Federal Uniformed Services and Re-Employment Rights Act of 1994,

employers are obligated to grant military leave to employees to train or serve in various branches of the

Armed Forces. If an employee is called to either temporary or extended military duty with the United

States Armed Services, they must provide their supervisor with notice within thirty (30) days of active

military service. When feasible, a copy of the orders directing the military duty must be presented,

unless prevented by military orders.

Employees directed to participate in extended military duty in the United States Armed Services will be

placed on an extended unpaid military leave of absence status for a period as long as five (5) years and

will be entitled to the rights and benefits described below. An employee on an extended military leave

may elect to continue their benefits coverage under the same terms and conditions for a period not to

exceed thirty-one (31) days from the date the military leave of absence begins. The employee is

responsible for their normal payment of their benefits premium during this period. Optimum

Networking will pay Optimum Networking share of the premium during this time; therefore, pay

arrangements should be made with Optimum Networking prior to the employee’s departure for leave.

After the initial 31-day period, coverage may be continued State Continuation.

Upon returning to Optimum Networking after separation from military service, employees may be re-

employed in accordance with the provisions of the Law. Employees will be treated as though they were

continuously employed for purposes of determining benefits based on length of service, such as the rate

of sick pay/vacation accrual and job seniority rights. However, sick pay/vacation will not accrue during

military leave.

405 - PERSONAL LEAVE

Regular, full-time employees may request a Personal Leave of Absence if they have been employed by

Optimum Networking for at least twelve (12) months. Regular, part-time employees, temporary

employees, and independent contractors are not eligible for this benefit. A Leave of Absence Request

form must be submitted by the employee to their supervisor prior to the commencement of the leave.

Approval may be granted based on the circumstances surrounding the request, anticipated work load

requirements and staffing considerations. Any personal leave of absence that is granted will be for a

duration up to ninety (90) days. If this initial period of absence proves insufficient, consideration will be

given to a written request for a single extension of no more than thirty (30) calendar days.

An employee seeking to return to work from a Personal Leave prior to the date the leave was scheduled

to expire should give written notice to the manager of their desire to return to work at least two (2)

weeks prior to the desired return date or as soon as possible prior to the return date.

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Benefits Participation While on Leave:

Subject to the terms, conditions, and limitations of the applicable plans Optimum Networking is not

required to continue benefits during a personal leave of absence. The employee is responsible to make

the appropriate arrangements for benefit continuation.

Use of Sick Pay/Vacation:

Employees on approved Personal Leave must exhaust all accrued sick pay/vacation at the beginning of

the leave of absence with their supervisor’s approval. Once all sick pay/vacation is exhausted, the

personal leave is without pay. Sick pay/vacation will not accrue during an unpaid personal leave. Paid

holidays, bereavement leave pay or employer’s jury duty pay will not be granted during the leave.

Reinstatement:

Optimum Networking cannot hold a position open for an employee who is on Personal Leave. An

employee seeking reinstatement from such leave may be offered his or her former position if it is

available. If the employee’s prior position is unavailable, the employee may be offered any available

position for which Optimum Networking concludes they may be qualified, at the rate of pay for the new

position.

In the event an employee declines an offer of reinstatement to any full-time or part-time position,

whether to his or her prior position or another position, the employee will be terminated.

Benefits at Reinstatement:

Employees returning from a personal leave will have their benefits reinstated to the same levels as they

enjoyed at the time the leave commenced (except for any paid leave benefits used during the leave), so

long as the reinstatement is consistent with the employment status to which the employee returns. If an

employee’s pay rate upon return from leave is different from his or her pay rate prior to the leave, any

sick pay/vacation will be paid at the pay rate in effect at the time the benefits are used.

406 - VOTING LEAVE

Optimum Networking encourages employees to participate in federal, state, county, and municipal

elections. Employees should make every effort to vote before or after working hours. However, should

the employee’s work schedule not make it possible, employees will be allowed up to two (2) hours off

with pay to fulfill their voting responsibilities.

Advanced notice is required so that the necessary time off can be scheduled at the beginning or end of

the work shift; whichever provides the least disruption to the normal work schedule. Employees must

submit a voter's receipt on the first working day following the election to qualify for paid time off.

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SECTION V: MISCELLANEOUS

501 - ANTI-VIOLENCE

Optimum Networking is committed to the safety and well-being of its employees, contractors, vendors,

customers, visitors, and all others. Optimum Networking takes a zero-tolerance position regarding

intimidation, direct or indirect threats, or violence in the workplace. Threats, profanity, and violent

behavior are strictly prohibited while using Optimum Networking’s property and while conducting

company business.

In addition, no employee is permitted to possess, use, display, or carry a weapon or weapons of any type

on their person, in their desk, or anywhere on or off company premises while on company time,

performing company business, or representing Optimum Networking.

Any employee found in violation of this policy or refusing to comply with its provisions may be subject

to disciplinary action, up to and including termination of employment.

Optimum Networking requests the support and cooperation of all employees in helping keep our

organization a safe and healthy place to work. Employees should immediately report to their supervisor

any information or behavior perceived as violent or potentially violent, or otherwise in violation of this

policy.

502 - CONFIDENTIALITY

Our customers entrust Optimum Networking with important business and/or personal information

relating to their business. The nature of this relationship requires maintenance of confidentiality. In

safeguarding the information received, Optimum Networking earns the respect and further trust of our

customers. Your employment with Optimum Networking is conditioned upon your obligation to

maintain confidentiality not only for our customers but for Optimum Networking which includes, but is

not limited to the following examples:

Passwords and login information

Compensation data

Customer lists

Financial information

Marketing strategies

Pending projects and proposals

Optimum Networking’s information must be kept confidential and may not be used for personal gain or

any purpose not in the best interests of Optimum Networking.

Any violation of confidentiality seriously injures Optimum Networking’s reputation and effectiveness.

Therefore, please do not discuss company business with anyone who does not work for Optimum

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Networking, and never discuss business transactions with anyone who does not have a direct association

with the transaction. Even casual remarks can be misinterpreted and repeated. Refer requests for

information outside of the normal course of your job to your manager.

All employees are required to sign a non-disclosure agreement as a condition of employment.

Employees who improperly use or disclose trade secrets or confidential business information will be

subject to disciplinary action, up to and including termination of employment and legal action, even if

they do not actually benefit from the disclosed information.

503 - CONFLICT OF INTEREST (Revised 8-2011)

Optimum Networking expects employees to conduct business in an ethical and legal manner and to

recognize that in all their transactions, and at all times, they have a duty of undivided loyalty to

Optimum Networking and its clients. These obligations demand positive action by all employees to

protect the interests of Optimum Networking, and to avoid situations where their self-interests actually

or apparently conflict with the interests of Optimum Networking.

All employees of Optimum Networking will, at all times, avoid taking any action which may be adverse

to the best interests of Optimum Networking. Employees must avoid conflicts of interest with Optimum

Networking, both in appearance and in fact, and must not use their positions or knowledge of Optimum

Networking’s decisions or considerations in any manner that conflicts with or otherwise prejudices

Optimum Networking’s interests. Additionally, employees shall not personally accept payments from

vendors, manufacturers, customers, or any other party, whether they be in the form of “SPIFFS”,

rebates, cash payments, gifts, or any other form of compensation, that are a result of transactions or

promises of transactions involving Optimum Networking, without the express written consent of an

Optimum Networking corporate officer or a manager.

Employees must not directly or indirectly have any position with or substantial interest in any business

or property, or engage in any employment or other activity, which takes time and attention away from

the performance of their job duties, conflicts or competes or might reasonably be supposed to conflict or

compete with Optimum Networking’s interests, or affects their independent judgment to act in Optimum

Networking’s interests.

Employees must not do business on behalf of Optimum Networking with any relative, whether related

by blood, marriage, or adoption, or any other person living in the same household, unless Optimum

Networking determines, after full disclosure, that such relationship will not tend to influence the action

of such employee with respect to the business of Optimum Networking. Exemptions to this policy may

only be made in writing and signed by the CEO or President.

Because of the potential seriousness of the consequences of an employee’s disregard of this policy on

Optimum Networking’s reputation and interests, failure to comply with this policy may result in

disciplinary action, up to and including termination of employment.

During the term of your employment and for a period of twelve (12) months thereafter, both the

employee and their clients shall not, directly or indirectly, on behalf of such party, hire, retain, induce,

solicit, advise, interfere with, seek to interfere with, or otherwise contact any employee or contractor of

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the other party with respect to: (a) terminating his or her engagement or employment with the other

party; or (b) enter into an employment or consulting engagement with such party or such party's

subsidiaries or affiliates. Each employee will be required to sign a non-solicitation agreement outlining

the exact requirements as part of their employment agreement.

504 - DOCUMENT DESTRUCTION

Optimum Networking is working with an outside vendor for destruction of sensitive documents. A

console is located in the office supply room (where the printers are located) and is to be used to place

sensitive documents that need to be destroyed.

Documents that need to be shredded will be anything pertaining to the following:

Financial information

Networking information

Sensitive information

Credit Card information

Password information

Network documentation (IT specific documentation)

Customer agreements

Examples for the above are Invoices, Sales Orders, Purchase Orders, and Network diagrams to name a

few.

Al junk mail and magazines should be placed in the blue bag next to the console for recycling.

505 - DRUG AND ALCOHOL FREE WORKPLACE POLICY

Because drug and alcohol use in the workplace is an obstacle to the profitable, efficient, and safe

operation of its business, Optimum Networking has adopted a zero-tolerance policy. Optimum

Networking reserves the right to review the policies and procedures contained in this policy, as well as

the right to change, revise, or terminate the policy at any time.

Optimum Networking prohibits the possession, use, consumption, manufacture, sale, transfer,

distribution, purchase, or attempts to sell, transfer, distribute, or purchase of any controlled substance or

alcohol while on company premises, or while on duty, whether or not the employee is on company

premises, including meal and break periods. Employees who violate this policy will be subject to

discipline, including termination, without warning and without conducting a drug and/or alcohol test.

Consumption of alcohol in a company facility is prohibited except at company-sponsored or sanctioned

events, which may be either on company premises or off-site.

An employee must notify their supervisor whenever they are using either a prescription drug or an over-

the-counter drug if use of the drug may potentially affect the employee's ability to safely perform their

assigned job duties or may otherwise affect the safety of the workplace. Upon such notification,

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Optimum Networking reserves the right to take appropriate steps to preserve the safety of its employees

and the workplace, including, but not limited to, the right to relieve the employee of their assigned job

duties during the period of usage.

Optimum Networking reserves the right to conduct reasonable and necessary searches to determine

whether an employee has engaged in illegal conduct or conduct that is in violation of this policy or

conduct that may affect the safety interests of Optimum Networking's employees and members of the

public.

In order to prevent the possession, use, consumption, manufacture, sale, transfer, distribution, purchase,

or attempts to sell, transfer, distribute, or purchase of any controlled substance or alcohol while on

company premises, or while on duty, whether or not the employee is on company premises, Optimum

Networking reserves the right to monitor employee conduct and that of other persons entering and

leaving Optimum Networking’s premises, including, but not limited to, conducting searches of company

property such as offices, work space, desks, files, lockers, vehicles, and other company equipment.

Optimum Networking also reserves the right to inspect any personal property brought by an employee

onto company premises if Optimum Networking has reasonable suspicion of a violation of this policy.

Failure to cooperate with an investigation or search (including providing false information during an

investigation) will subject an employee to discipline, up to and including termination of employment,

without warning and without conducting a drug and/or alcohol test.

To prevent the hiring and retention of individuals who use illegal drugs and/or abuse legal drugs,

Optimum Networking may conduct drug and/or alcohol testing of employees.

Post-Accident:

An employee will be asked to submit to drug and/or alcohol testing if Optimum Networking reasonably

suspects that drug and/or alcohol use either contributed to the accident or cannot be completely

discounted as a contributing factor to the accident, in violation of this Policy.

An accident is defined as an incident or occurrence: (a) in which a person dies or requires medical

treatment; (b) in which there is damage to Optimum Networking’s property; or (c) that involves an

employee who, as a regular condition of their employment, is required to drive.

Reasonable Suspicion:

An employee will be asked to submit to drug and/or alcohol testing if Optimum Networking reasonably

suspects that the employee is impaired because they are using or has used drugs and/or alcohol, in

violation of this Policy.

Reasonable suspicion of impairment includes, but is not limited to, the following:

Specific observations concerning the appearance, behavior, speech or performance of the

employee while at work, such as direct observation of alcohol and/or drug use or abuse or

observation of impairment due to alcohol and/or drug use;

Abnormal conduct or erratic behavior while at work or a significant deterioration in work

performance;

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A report of alcohol and/or other drug use provided by a reliable source;

Indications that an employee has tampered with any drug and/or alcohol test during the

employee's employment with Optimum Networking;

Indications that an employee has manufactured, sold, distributed, solicited, possessed, used, or

transferred alcohol and/or drugs while working or while on Optimum Networking's premises or

while operating a Optimum Networking's vehicle, machinery, or equipment;

Violation of a safety rule, or other unsafe work incident that leads the supervisor/manager to

believe that the employee's functioning is impaired; or

Other circumstantial or contemporaneous indicators of impairment.

Employees who test positive for drug and/or alcohol use will be subject to disciplinary action, up to and

including termination of employment.

506 - EMPLOYMENT VERIFICATIONS

All requests for information concerning current or former employees must be directed to the Peliton

Human Resources Department.

Peliton HR Administration reserves the right to only verify basic information (e.g., employment dates,

position held, employment status, and pay history). No employment information will be disclosed to

any party outside the organization unless the current or former employee provides a signed consent to

release the information.

Exceptions to this policy include, but are not limited to, responding to any and all information requests

from law enforcement, public safety, medical, or government representatives/officials, with properly

verified identification, and who demonstrate a legitimate need to know specific information.

Under no circumstances may such information be provided by an employee, manager, or supervisor

outside of the Peliton Human Resources Department.

507 - HUMAN RESOURCES RECORDS

To ensure that information about employees in Optimum Networking’s personnel files is accurate,

relevant, and safe from improper disclosure, the following guidelines have been established:

1. Necessary job-related and personal information about each employee will be retained in an

official personnel file kept by the Peliton Human Resources Department. The contents of each

file will include: basic identifying information (e.g., employee’s name, address, and job title);

completed job application, resume, and other hiring-related documents; notices of pay changes;

information on benefits coverage; and other job-related information deemed essential by

management. Essential records of current and former employees are retained in accordance with

state and federal laws regarding their retention.

2. Current and former employees have the right to inspect the information in their files. Individuals

will be given access to their files by appointment only and in the presence of a Peliton Human

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Resources Representative. The Peliton Human Resources Department reserves the right to

withhold inspection of certain sensitive information including third-party references, confidential

management documents or plans, and information on security or criminal investigations, except

when such restrictions are prohibited by law.

3. Internal access to a personnel file is limited to supervisors and managers who are considering the

employee for a promotion, transfer, or other personnel action, and to other management officials

who have a legitimate, verifiable need to know specific information about the employee.

4. It is important that personnel records be kept accurate and up-to-date. It is especially important

for each employee to immediately report changes in dependency status which affect the

employee’s insurance program. Unreported changes might cause the insurance to be declared

invalid in the event of a claim. To be sure that all records are kept current, employees should

report the following changes to the Office Manager as soon as possible:

a. Change of status (marriage, divorce, dependents, etc.)

b. Change of home address or telephone number

c. Legal change of name

d. Change of person to be called in an emergency.

e. Change of insurance beneficiary

f. Change in number of dependents for income tax deductions.

g. Notice of training or education completed since original application for employment.

508 - OUTSIDE EMPLOYMENT (Revised 8-2011)

In accordance with the Conflicts of Interest policy and the employees agreement to sign the required

non-solicitation agreement, an employee may not have outside employment with another employer that

is a competitor of Optimum Networking, nor perform work as an independent contractor for commercial

business clients. An employee may hold a job with another organization that is not in direct

competition with Optimum Networking as long as he or she satisfactorily performs his or her job

responsibilities with Optimum Networking. Work performed for another employer may not at anytime

be carried out during scheduled working hours with Optimum Networking, and/or while on a customers

worksite. All employees will be judged by the same performance standards and will be subject to

Optimum Networking's scheduling demands, regardless of any existing outside work requirements. If

Optimum Networking determines that an employee's outside work interferes with performance or the

ability to meet the requirements of Optimum Networking as they are modified from time-to-time, the

employee may be asked to terminate their outside employment if he or she wishes to remain with

Optimum Networking.

Outside employment will present a conflict of interest if it has an adverse impact on Optimum

Networking. If an employee is found to be violating the policy their employment will be subject to

termination.

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509 - PERSONAL APPEARANCE

Optimum Networking maintains a business casual work environment. All employees should use

discretion in wearing attire that is appropriate for the office and customer interaction. It is expected that

employees come to work with good personal hygiene and neat in appearance. Employees who appear

for work inappropriately dressed will be sent home and directed to return to work in proper attire.

Under such circumstances, employees will not be compensated for the time away from work.

The following are examples of business casual attire:

slacks;

dress shirts;

blouses;

skirts; or

dresses.

Jeans may be worn during business hours however; if an employee is meeting face to face with a

customer, business casual dress is expected to be worn. Should the employee have questions about what

attire is acceptable, please contact the Office Manager.

Examples of attire that are unacceptable for the work environment:

torn, dirty or stained clothing;

miniskirts;

t-shirts;

shirts with offensive writing; and

sweat pants.

Should an employee have questions regarding proper business attire, please contact the Office Manager.

On occasion, employees may be asked to dress in more formal attire or in a professional manner due to

special events. Optimum Networking will give its employees reasonable advanced notice for these

events. Employees should be conscientious about grooming and physical hygiene as Optimum

Networking does have customers in the office and some employees are required to go on customer sites.

Employees should be conscientious of any visible tattoos that may be offensive in the work environment

or to Optimum Networking customers. As an employee, you may be asked to conceal tattoos during

business hours.

510 - PROBLEM RESOLUTION PROCEDURE

Optimum Networking is committed to providing the best possible working conditions for its employees.

Part of this commitment is encouraging an open and frank atmosphere in which any problem, complaint,

suggestion, or question receives a timely response from Optimum Networking supervisors and

management.

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Optimum Networking strives to ensure fair and honest treatment of all employees. Supervisors,

managers, and employees are expected to treat each other with mutual respect. Employees are

encouraged to offer positive and constructive criticism.

If employees disagree with established rules of conduct, policies, or practices, they can express their

concern through the problem resolution procedure. No employee will be penalized, formally or

informally, for voicing a complaint with Optimum Networking in a reasonable, business-like manner, or

for using the problem resolution procedure.

If a situation occurs when employees believe that a condition of employment or a decision affecting

them is unjust or inequitable, they are encouraged to make use of the following steps:

1. Employee presents problem to immediate supervisor after incident occurs. If supervisor is

unavailable or employee believes it would be inappropriate to contact that person, employee may

present problem to Office Manager of Optimum Networking.

2. The Office Manager will then go to the employee’s supervisor, if necessary.

3. Supervisor responds to problem during discussion or after consulting with appropriate management,

when necessary. Supervisor documents discussion and documentation is to be given to the Office

Manager for proper distribution to Peliton HR Administration.

4. After a reasonable period of time, if the problem is unresolved, Employee presents problem to the

President or CEO in writing.

5. President or CEO reviews and considers problem. President or CEO informs employee of decision

and forwards copy of written response to employee’s supervisor and gives a copy to the Office

Manager for employee's file. The President or CEO has full authority to make any adjustment

deemed appropriate to resolve the problem.

The employee may discontinue the procedure at any step.

Problems, disputes, or claims not resolved through the proceeding problem resolution steps are subject

to final and binding arbitration. The arbitration proceeding will be conducted under the Employment

Dispute Resolution Rules of the American Arbitration Association. The decision or award of the

Arbitrator made under these rules is exclusive, final, and binding on both parties, their beneficiaries,

executors, administrators, successors, and assigns.

Employees who choose to use the arbitration process to resolve a problem will be expected to share the

cost of the arbitration proceeding with Optimum Networking. A complete description of the arbitration

procedure is available from the Human Resources Representative for review.

Not every problem can be resolved to everyone's total satisfaction, but only through understanding and

discussion of mutual problems can employees and management develop confidence in each other. This

confidence is important to the operation of an efficient and harmonious work environment, and helps to

ensure everyone's job security.

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511 - SAFETY

Our priority is to protect employees against industrial injury and illness, as well as minimize the

potential loss of production. To assist in providing a safe and healthful work environment for

employees, customers, and visitors, Optimum Networking has worked closely with Peliton HR

Administration to establish a workplace safety program. This program is a top priority for Optimum

Networking. Optimum Networking shall designate a Safety Coordinator. The Safety Coordinator has

responsibility for implementing, administering, monitoring and managing the safety program. The

Peliton HR Administration Safety Department has responsibility for monitoring, evaluating, and making

recommendations to the safety program. The Safety Coordinator and the Peliton HR Administration

Safety Department shall coordinate efforts as needed. The success of the safety program depends on the

alertness and personal commitment of all.

Optimum Networking provides information to employees about workplace safety and health issues

through regular internal communication channels such as management-employee meetings, bulletin

board postings, memos, or other written communications.

Each employee is expected to obey safety rules and to exercise caution in all work activities. Employees

must immediately report any unsafe condition to their supervisor. Employees who violate safety

standards, cause hazardous or dangerous situations, or fail to report or (where appropriate) remedy such

situations, may be subject to disciplinary action, up to and including termination of employment.

In the case of accidents that result in injury, regardless of how insignificant the injury may appear,

employees should immediately notify the Office Manager Such reports are necessary to comply with

laws and initiate insurance and Workers’ Compensation benefits procedures.

The following are some general safety rules to be followed for the protection of all employees:

Avoid overloading electrical outlets with too many appliances or machines.

Ask for assistance when lifting heavy objects or moving heavy furniture.

Sit firmly and squarely in chairs that roll or tilt.

Keep your work area clean and orderly, and the aisles clear.

Watch out for the safety of fellow employees.

Learn the posted fire rules and location of fire alarm boxes and fire extinguishers in your facility

and on your floor.

Promptly report all unsafe or potentially hazardous conditions to your supervisor.

512 - SMOKE-FREE ENVIRONMENT

It is the policy of Optimum Networking to comply with all applicable federal, state and local regulations

regarding smoking in the workplace and to provide a work environment that promotes productivity and

well-being of its employees.

Optimum Networking recognizes that smoking in the workplace can adversely affect employees.

Accordingly, smoking by employees, guests, vendors, or others is restricted and limited to certain

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designated areas. This includes the use of cigarettes, cigars, chewing tobacco, and other tobacco

products.

Employees must adhere to our customers’ policies regarding use of tobacco products when performing

work at their locations.

Non-exempt employees are provided with two (2), fifteen (15) minute breaks which may be used for

smoking breaks.

Please ask the Office Manager where the designated smoking area is located.

513 - SOLICITATION

In an effort to assure a productive and harmonious work environment, persons not employed by

Optimum Networking may not solicit or distribute literature in the workplace at any time for any

purpose.

Optimum Networking recognizes that employees may have interests in events and organizations outside

the workplace. However, employees may not solicit or distribute literature concerning these activities

during working time. (Working time does not include lunch periods, work breaks, or any other periods

in which employees are not on duty.)

Examples of impermissible forms of solicitation include:

The collection of money, goods, or gifts for political groups

The circulation of petitions

The distribution of literature not approved by the employer

The solicitation of memberships, fees, or dues

In addition, the posting of written solicitations on company bulletin boards is not permitted. These

bulletin boards display important information, and employees should consult them frequently for:

Affirmative Action statement

Payday notice

Workers' compensation insurance information

If employees have a message of interest to the workplace, they may submit it to the Office Manager for

approval. All approved messages will be posted by the Office Manager.

514 - USE OF COMPANY PROPERTY

In addition to company-owned vehicle(s), office equipment and furnishings, the term "company

property" includes but is not limited to, telephone systems, mail, facsimile machines, computers and

computer modems, printers, copy machines, special long-distance services, cellular phones, voice mail,

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electronic mail, priority mail, credit cards, delivery services and Optimum Networking’s Intranet site.

All such items are the sole property of Optimum Networking. Accordingly, Optimum Networking may,

but does not have the duty to, access and monitor employee communication and usage as it deems

appropriate and in compliance with applicable federal and state laws.

It is the employee’s responsibility to properly care for and maintain company property. All company

property must be protected from loss, misuse, damage, or unauthorized use, access, or disclosure. The

employee will be required to pay for the cost of repairs or replacement of the property due to

mishandling or abuse.

Optimum Networking does not provide cell phones to employees for business purposes, however if it is

required that an employee must carry and use a cell phone, an agreement will be made to reimburse the

employee for using their personal cell phones. The employee should consult with their supervisor

regarding the need for using a cell phone as well as the current reimbursement amount allowed.

Optimum Networking’s e-mail system, fax, computers, voice mail, Intranet and other electronic media

shall be used solely for company business purposes. Any electronically created, stored, received or sent

communication utilizing company systems or equipment shall be the property of Optimum Networking.

Optimum Networking has the right, but not the duty, to monitor company communications systems as it

deems appropriate and in compliance with applicable federal and state laws in order to assure that its

property is being used for business purposes only. Optimum Networking’s employees do not have a

personal privacy right in any matter created, received, stored or sent utilizing company property or

systems. Employees acknowledge that the nature of the technology is such that there is no assurance of

privacy with respect to communications via electronic mail and on the Internet.

To protect against computer viruses and to comply with applicable laws, only company -issued or

approved software may be used on Optimum Networking’s computers. Any reproduction of software

and accompanying manuals must comply with applicable laws and with formal agreements between

Optimum Networking and the software supplier.

Optimum Networking’s e-mail, Intranet and voice mail systems are not to be used to transmit, display or

store:

Material that is fraudulent, harassing, embarrassing, sexually explicit, profane, obscene,

intimidating, defamatory, or otherwise unlawful or inappropriate.

Messages and/or postings to Internet chat boards, bulletin boards or similar forums.

Optimum Networking’s vehicle(s) may not be used to pull, push, start, tow, haul, etc. any vehicles

owned by other companies or individuals. Such action could cause vehicle damage or a legal liability

for Optimum Networking. Any employee violating this policy will be held responsible for all losses and

expenses incurred. The improper, careless, negligent, destructive, or unsafe use or operation of

equipment or vehicles, as well as excessive or avoidable traffic and parking violations, may be subject to

disciplinary action, up to and including termination of employment.

Operators of company vehicles are required to have and maintain a proper and valid operating license.

Whenever a company vehicle is involved in an accident or moving violation citation, the operator will

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be required to submit to a drug and alcohol screening and they must immediately notify their supervisor.

Failure to immediately notify their supervisor of a moving violation and/or accident may result in

disciplinary action, up to and including termination of employment.

Before being given certain items, employees will be required to sign a document acknowledging receipt

of said item(s). All company property which an employee has in their possession or to which they has

access is to be returned to Optimum Networking immediately upon request by management, upon

termination of the employee’s employment or, if appropriate, while the employee is on extended leave.

Employees who fail to return company property will have the amount of the equipment deducted from

their final paycheck. Should the employee’s final paycheck not cover said costs, the employee will be

given two (2) weeks to pay the remainder owed to Optimum Networking.

515 - VISITOR POLICY

Unauthorized visitors are not allowed in the workplace. Restricting unauthorized visitors helps maintain

safety standards, protects against theft, ensures security of equipment, protects confidential information,

safeguards employee welfare, and avoids potential distractions and disturbances.

Because of safety and security reasons, family and friends of employees are discouraged from extended

visits to the work area.

All visitors should enter Optimum Networking at the reception area. Authorized visitors will receive

directions or be escorted to their destination. Employees are responsible for the conduct and safety of

their visitors.

If an unauthorized individual is observed on Optimum Networking's premises, employees should

immediately notify the Office Manager or, if necessary, direct the individual to the reception area.

Terminated employees will not be allowed access to the facility without prior approval. If approval has

been given, procedures established for visitors should be followed.

516 - WORK RULES

Optimum Networking expects appropriate conduct of all employees. These Work Rules will help keep

Optimum Networking’s working environment and working relationships consistent with productive,

efficient and pleasant surroundings.

It is not possible to list all the forms of behavior that are considered unacceptable in the workplace. The

following are examples of infractions of rules of conduct that are unacceptable.

Group I Work Offenses: Subject to progressive disciplinary action

Habitual absenteeism or tardiness

Unauthorized absence from work station during the workday

Falsification of any records

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Smoking in prohibited areas

Insubordination or refusal to follow directions given by your supervisor or another member of

management

Failure to do assigned work, follow instructions or carelessness in the performance of duties

Actions which are disruptive to the operation of Optimum Networking’s business

Violations of safety rules

Unauthorized solicitation, collection of contributions, circulation of petitions or literature for any

purpose in a manner that interferes with productivity

Unauthorized disclosure of business “secrets” or confidential information

Making false, vicious or malicious statements concerning Optimum Networking, its

management, or employees

Threatening, harassing, intimidating, coercing or using abusive language to fellow employees

Failure to report loss, equipment accidents, equipment failure, or property damage as soon as

practical

Failure to properly report a personal injury occurring during work hours

Minor violations of Optimum Networking’s policies and/or procedures

Group II Offenses: Subject to immediate suspension as well as disciplinary action, up to and including

termination of employment

Theft or inappropriate removal or possession of property

Deliberate abuse, misuse, destruction or unauthorized removal or theft of machines, tools,

equipment, supplies or other property owned by Optimum Networking or Optimum

Networking’s employees

Fighting on Optimum Networking’s premises

Possession of firearms or other dangerous weapons on Optimum Networking’s premises

Possession, distribution, sale, transfer, or consumption of alcoholic beverages, or abuse of any

illegal controlled substance while on duty, or while operating employer-owned vehicles or

equipment

Immoral or indecent conduct on Optimum Networking’s premises

Major violations of Optimum Networking’s policies and/or procedures

Employment with Optimum Networking is at the mutual consent of Optimum Networking and the

employee, and either party may terminate the relationship at any time, with or without cause, and with or

without advance notice.

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ACKNOWLEDGEMENT AND RECEIPT OF HANDBOOK

This Employee Handbook is provided to employees of Optimum Networking, Inc.(hereinafter referred

to collectively as “Optimum Networking”) merely as a description of various company policies,

procedures, and employee benefits to assist you in conduct of Company business. Optimum Networking

reserves the right, at its sole discretion, to change at any time its policies and procedures.

THIS EMPLOYEE HANDBOOK IS NOT A CONTRACT. NOTHING IN THIS HANDBOOK

SHALL CREATE, OR IS INTENDED TO CREATE, OR SHALL BE CONSTRUED TO

CONSTITUTE A CONTRACT OF EMPLOYMENT, EXPRESS OR IMPLIED.

All employment with Optimum Networking is “at-will,” which means that your employment may be

terminated, with or without cause, or with or without notice, at any time, at your option or at the option

of Optimum Networking. This “at-will” policy cannot be changed or modified in writing unless signed

by the President or CEO. No other officer, representative, or employee of Optimum Networking has

any authority to make any employment agreements of any kind.

This Handbook is the property of Optimum Networking and must be returned (if printed or copied in

any manner) upon the request of the President or CEO, at the time of termination.

I have read and understood the above statement as well as the Employee Handbook, which I hereby

acknowledge having received and will ask questions on anything I do not understand.

________________________________ __________________________

Employee Signature Date

________________________________

Employee Name (please print)

PLEASE SIGN AND RETURN THIS PAGE TO THE OFFICE MANAGER