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OkCurtis cares about the well-being of its people and therefore provides a comprehensive employee benefits program. This summary is not inclusive or comprehensive in outlining all benefits, provisions, conditions, limitations and/or coverage. It is designed to give you an overview of the general types of benefits that you receive as a Curtis employee; you should consult the plan documents for more information. In the event of any real or apparent conflict between this Handbook and the terms of any plan documents, the plan documents will govern. Benefit programs, coverage, and eligibility are subject to alteration or elimination by Curtis in its sole discretion.
A Comprehensive Benefits Package is provided to eligible employees and their qualified dependents, who may include spouse, dependent children and registered domestic partner. Employees must regularly work twenty-five (25) or more hours per week to qualify.
Once a year, during the open enrollment period, eligible employees will have an opportunity to review the medical plans offered by Curtis and select the plan that best suits their needs. These plans are governed by ERISA and are available for all eligible employees, their qualified dependents and/or domestic partners.
Basic Life and Accidental Death and Dismemberment insurance is provided to eligible employees. The amount of life insurance coverage and AD&D coverage is equal to 1 1/2; times salary, up to $600,000.
Additional Voluntary Life and AD&D insurance is available for eligible employees and their qualified dependents at cost. The maximum employee benefit is the lesser of 5 times salary up to $500,000. Eligible spouse benefit is the lesser of $250,000 or 50% of employee’s voluntary life insurance amount. The maximum benefit for eligible dependent children under age 19, or 26 if they are full-time students, is $10,000 per child (birth to six months is $500). Employees must purchase Voluntary Life and AD&D for themselves in order to cover their eligible dependents.
Curtis provides a comprehensive workers’ compensation insurance program to all employees.
Employees who sustain work-related injuries or illnesses should inform their supervisor and/or Human Resources immediately. No matter how minor an on-the-job injury may appear, it is important that it be reported immediately. The Company will direct employees to a physician of its choice for treatment, unless the employee has previously given written notice to the Company of their desire to be treated by a particular physician or health care provider.
After seeing a physician for a work related injury, you are required to report directly back to your supervisor and/or Human Resources. If your shift has ended and/or the physician sends you home, then you will need to contact your supervisor prior to your return to work. If, at the time of injury, a physician's visit is not required but later you need to see a physician, you will need to notify your supervisor immediately. If you are unable to notify your supervisor, be sure to notify Human Resources or another manager/officer of the Company.
If your work related injury causes you to be out of work for more than three days on an intermittent basis, or on a part-time basis, the Company requests that you complete a "Request for Leave" form, available from Human Resources. You will be permitted to return to work following an injury resulting in an absence of more than three days only upon presenting a sufficient medical release signed by your physician or health care provider.
It is extremely important that you follow these procedures. If you fail to keep your supervisor and/or Human Resources advised, you will be subject to disciplinary action up to and including immediate discharge.
Curtis will not tolerate Workers’ Compensation fraud. Workers’ Compensation fraud is a felony; and any employee found guilty of such conduct may be subject to fines, imprisonment, and, of course, termination. Any information about workers’ compensation fraud should be reported in confidence to Human Resources.
Receipt of workers’ compensation benefits may run concurrently with a leave under Curtis’ Family and Medical Leave (FML),Extended and Other Medical Leave policy. (See, Family and Medical Leave (FML), Extended and Other Medical Leave policy, below). Additionally, during the time of worker’s compensation coverage, an employee will accrue additional PTO hours and time of service credit for a maximum of 12-weeks.
Paid Family Leave Insurance (PFLI) will provide up to six (6) weeks (in a 12 month period) of partial wage replacement benefits to employees who take time off work to care for a seriously ill child, spouse, parent, parent-in-law, grandparent, grandchild, sibling, registered domestic partner, or to bond with a new child. All employees covered under California’s SDI plan will be eligible for this California program. CA Paid Family Leave Insurance is funded through employee payroll contributions.
An employee may choose to apply PTO during CA PFL but is not required to do so.
An employee may not use CA PFL in conjunction with any other type of paid leave to receive more than his or her full salary.
An employee who is receiving Workers’ Compensation benefits will not be eligible for CA PFL for the same period. An employee who is eligible for both disability benefits and CA PFL during the same period of fifty-two (52) calendar weeks shall not receive more than twenty-six (26) total weeks of disability and CA PFL benefits during that period.
CA PFL does not provide job protection or a right to return to work. Job protection may be provided under Family and Medical Leave Act, or California Family Rights Act.
While on CA PFL, employees may continue health insurance. If an employee contributes to the cost of health insurance, the employee must continue to pay the employee portion of the premium cost while on CA PFL.
When an employee has a foreseeable need for CA PFL, the employee should provide the Company with not less than thirty (30) days’ notice of the employee’s intention to take leave, before the date the leave is to begin. If the event is not foreseeable, employees must notify the Company as soon as practicable. Additionally, employees taking paid family leave on an intermittent basis (e.g., on certain days, as opposed to a consecutive block of time) must provide the Company with notice as soon as practicable before each day of intermittent leave (or as otherwise agreed to between the employee and his or her supervisor).
Forms for requesting CA PFL can be obtained from Human Resources. Claims can also be filed on line at https://www.edd.ca.gov/disability/paid_family_leav...
Please see your local Human Resources Representative for details and requirements.
Employees are eligible to receive benefits for loss of earnings for non-occupational disabilities due to illness, injury or pregnancy under California state law. Receipt of short-term disability benefits will run concurrently with leave under Curtis’ Family and Medical Leave (FML) and Extended Leave policy, to the extent permitted by applicable law. After an initial waiting period of seven days, employees may be entitled to temporary cash benefits with a certain maximum per week. During the time of short-term disability, an employee will accrue additional PTO hours and time of service credit for a maximum of 12-weeks. CA Short-Term Disability is funded through employee payroll contributions.
An employee who suffers six months or more of total disability, under regular care of a legally qualified physician, is eligible for benefits under the Long Term Disability Insurance Plan. During the time of long-term disability, an employee will not accrue any additional PTO or time- of-service credits. You will receive 60% of your basic monthly earnings prior to becoming disabled to a maximum of $6,000 per month, payable to normal retirement age as stated in the 1983 revision of the United States Social Security Act.
As part of the Company’s Flexible Benefits Plan, we currently offer two types of employee-funded Flexible Spending accounts to regular full-time employees - one for unreimbursed Health Care expenses and another for Dependent Care expenses. There is a six-month waiting period before a new employee is eligible to enroll in either plan. Existing employees may enroll in an FSA plan during their designated benefits election period, which is just before the beginning of the calendar year or immediately following a qualified life status change. Plan participants may elect an annual amount of flexible dollars (which will be deducted pro rata on a pre-tax basis from each paycheck) to pay for eligible health care and dependent care expenses incurred during the plan (calendar) year that are not reimbursable from any other source.
Eligible health care expenses may include medical or dental insurance deductibles, co-payments, and out-of-pocket costs for vision care, etc. According to IRS regulations, if eligible medical or dental expenses that you incur during the calendar year are less than your elected annual amount of flex dollars for that year, you may carry over up to $500 of unused money to the following year. Balances over $500 must be forfeited.
Eligible dependent care expenses include expenses incurred to care for your eligible dependents. Examples of eligible expenses are daycare, after school care, and elder care. There is no rollover available for dependent care.
The administrator of Curtis’ Flexible Spending Accounts is guided by specific rules which are covered in the Summary Plan Description. Please contact the Human Resources department for a copy of the Summary Plan Description and additional information on our Flexible Spending Accounts.
The tuition reimbursement plan provides eligible employees with the opportunity to maintain or improve job-related skills through participation in course work at accredited colleges, universities, and other educational institutions. As part of this program, Curtis will reimburse you for tuition, books, and registration fees for courses leading to a degree related to your work or for courses relating to your work. The amount to be reimbursed is for tuition and fees only and is grade dependent. Prior approval of the course by your supervisor and the Human Resources Manager is required.
For additional information on the Educational Reimbursement program, please contact the Human Resources department.
The Employee Assistance Program (EAP), is a voluntary, confidential, and professional service that provides information, counseling, and referral services to all employees and their dependents who may be experiencing stress or difficulties in their personal lives. Please contact Human Resources for additional information or questions about our EAP program.
Curtis recognizes that the continuous service of all employees is an important ingredient for the Company’s success. Therefore, in recognition of continued service, each employee receives an extra day of pay on their anniversary hiring date. On the eleventh and subsequent anniversaries, the employee receives an additional $100 payment.
Employee referrals are one of the best sources of future Curtis team members. To recognize and encourage these referrals, Curtis offers bonus awards for all qualified referrals which result in successful hires. Please refer to the Refer a Candidate program outline or contact Human Resources for more information.
The Paid Time Off (PTO) plan is a benefit to provide employees maximum flexibility in using paid time off. PTO replaces vacation, sick/personal time and floating holidays with PTO days that may be used by employees for vacation, illness, emergencies, preventative health or dental care, time off to care for dependents, personal business, or other excused absences.
All regular full-time and part-time employees are eligible to participate in the PTO plan. Temporary Employees are not eligible for PTO benefits. Eligibility begins with the first day of employment. PTO must be accrued before it may be used.
Employees earn PTO based on length of service, as shown on the chart below. PTO is accrued monthly and the employee’s account is credited on the first day of the following month for each calendar month. Part-time employees accrue PTO at a prorated rate. During any family or medical leave of absence (i.e. Worker’s Comp, Short and Long-Term Disability, FML, etc.) employees will accrue PTO time and time of service credit for a maximum of 12-weeks, unless otherwise required by law. The calculation of PTO will end for any leave of absence that exceeds 12-weeks in a rolling calendar year.
The maximum accrual for each employee is two (2) times the amount of PTO earned per year. Once the maximum has been reached, the employee no longer accrues PTO until the balance has been reduced. Employees are responsible for managing their own PTO balances and ensuring that they do not reach their maximum balance.
PTO will be calculated based on the employee’s date of hire and regular work schedule, excluding overtime hours worked. If applicable, annual PTO rates will be increased in the month the anniversary date occurs.
|
Years
of Service
|
Days
Per Yr.
|
Monthly
Accrual Rate
|
Max Accrual |
|
< 5 yrs. |
16 |
10.67
hrs.
|
256 hrs. |
|
= or > 5 yrs. |
21 |
14.00
hrs.
|
336 hrs. |
|
> 6 yrs. |
22 |
14.67
hrs.
|
352 hrs. |
|
> 7 yrs. |
23 |
15.33
hrs.
|
368 hrs. |
|
> 8 yrs. |
24 |
16.00
hrs.
|
384 hrs. |
|
> 9 yrs. |
25 |
16.67
hrs.
|
400 hrs. |
|
> 10 yrs. |
26 |
17.33
hrs.
|
416 hrs. |
Example based on 40 hour work week.
Planned time off requests must be made to the employee’s supervisor/manager for approval as far in advance as possible (no less than 24 hrs). Requesting time off is the responsibility of the employee. Approval and scheduling of time off are the responsibility of the supervisor.
Any unplanned absence, tardiness or early departure must be reported in accordance with the Absentee Procedures and Attendance Standards policy.
Regular attendance is essential to the Company as absences can cause a disservice to our customers and to your fellow employees. Excessive Unplanned PTO may result in discipline and, if the problem continues, may lead to termination of employment unless the time off is protected by applicable law.
PTO is used for full days missed or partial days missed. The minimum amount of PTO that can be taken for a partial day depends on whether you are an Exempt or Non-exempt employee:
Non-exempt employees: Normally, PTO is triggered on any day when fifteen (15) minutes or more are missed. However, in cases where an employee or a family member is ill, PTO is triggered when two or more hours are missed.
Exempt employees: PTO is triggered on any day when eight (8) hours or more are missed. PTO may be triggered for shorter absences when covered by Family and Medical Leave. Please refer to the Family and Medical Leave (FML), Extended and Other Medical Leave policy below.
During periods of operational shutdowns to meet the business needs, the Company reserves the right to require employees to use their accrued PTO to cover time not worked, in accordance with applicable law.
Upon termination of employment, the employee will be paid for all unused, accrued PTO time at the employee’s rate of pay at the time of termination. PTO cannot be cashed out during employment nor can the employee’s employment be extended by using unused PTO.
The Company publishes a yearly holiday schedule that indicates specific dates for holiday closings, normally equal to ten (10) paid holidays per year. Holiday pay is prorated for all part-time employees. Temporary employees are not eligible for holiday pay.
Part of the Curtis retirement plan is a tax-deferred retirement savings plan. All full-time and part-time employees are eligible to participate beginning on whichever of the following quarterly dates first falls after the employee has completed six months of employment: March 1, June 1, September 1, and December 1. There is no hours requirement thereafter. As a safe harbor plan Curtis contributes an amount equal to 3% of each participant’s eligible bi-weekly earnings, and each year determines additional discretionary contributions of up to 2% for a maximum employer contribution of 5%. Additionally, participants are allowed to contribute up to 50% of their annual base salary up to the annual IRS contribution limit. Participants are 100% vested in employee and employer account balances from their date of entry into the 401(k) plan.
Under certain circumstances, eligible employees may be entitled to take time off to find, enroll or re-enroll their child in a school or with a licensed child care provider or to participate in activities of their child’s school. In order to be eligible for time off under this policy, an employee must be the parent, stepparent, foster parent, guardian, grandparent or person who stands “in loco parentis” (in place of the parent) of a child who is of the age to attend kindergarten, grades 1 through 12, or a licensed child care provider. In addition, the employee must provide reasonable notice of the planned absence to their supervisor before taking the time off.
In addition, an employee may take time off under this policy to address a child care provider or school emergency. For purposes of this policy, a “child care provider or school emergency” means that an employee’s child cannot remain in a school or with a child care provider due to one of the following reasons: a) the school or child care provider has requested that the child be picked up, or has an attendance policy (excluding planned holidays) that prohibits the child from attending or requires the child to be picked up from the school or day care provider; b) behavioral or discipline problems; c) closure or unexpected unavailability of the school or child care provider (excluding planned holidays); or d) a natural disaster, including but not limited to, fire, earthquake or flood.
The employee may not take more than forty (40) hours off for this purpose in any year or more than eight (8) hours off in any calendar month of the year. This policy covers non-exempt employees for any time missed and exempt employees for full days missed.
If more than one parent of a child is employed by the employer at the same work site, only one parent may take time off at a time under this policy (except for emergencies, as defined above). The parent who first gives appropriate notice of the need for time off under this policy will have preference for the time off. In some cases, Curtis may agree to provide both parents the opportunity to take time off at the same time. However, that may occur only with the advance written approval of the Company.
Any employee who takes time off under this policy must utilize any existing accrued PTO for the absence. If the employee does not have any accrued PTO available at the time the time off is taken, or does not have enough accrued PTO benefits to cover the time taken off, the time off will be taken without pay. However, exempt employees need only use accrued PTO for entire days missed and if no accrued time is available will only lose pay for entire days missed.
Any employee who takes time off under this policy must provide documentation from the child’s school to substantiate the fact that the employee participated in a school activity or met to find, enroll or re-enroll a child in a school or with a licensed child care provider. The documentation must verify that the employee engaged in child-related activities on a specific date and at a particular time.
Curtis also complies with all applicable laws regarding time off for required appearances at school after a child is suspended.
All employees summoned to serve as jurors in legal proceedings will be given the necessary time off, with pay. Jury duty leave will be granted to any employee who has been notified to serve. Employees pay may be reduced by the amount they receive from jury duty pay. Temporary employees are not eligible for jury duty pay. You are expected to report to work during any regularly scheduled work hours if your jury or witness duty schedule permits. Please present the subpoena or other notice to your supervisor and Human Resources department immediately upon receipt.
Upon the employee’s return, the employee must notify Human Resources and must submit a signed Certificate of Jury Service indicating the number of days served in addition to any jury payments that were provided. PTO hours and time of service credits will continue to accrue during Jury and Witness Duty for a maximum of 12-weeks.
An employee charged with a crime, who is required to attend a judicial proceeding relating to that charge, is not covered by this policy.
An employee who is a victim of a certain felony crimes or other specified offenses or who is an immediate family member of a victim (defined as a spouse, registered domestic partner, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father, or stepfather, or guardian), a registered domestic partner of a victim, or the child of a registered domestic partner of a victim may take time off to attend judicial proceedings related to the crime and/or offense and any proceeding where the right of the victim is at issue. Time off is unpaid unless the employee has available PTO. Exempt employees’ pay will not be reduced for partial workdays missed. Prior to any absence, the employee will provide the Company with a copy of the notice of the scheduled judicial proceeding that is provided to the victim by the agency responsible for providing notice, unless advance notice is not feasible. When an employee cannot provide advance notice of such an absence, the employee will, within a reasonable time after the absence, provide the Company with documentation evidencing the judicial proceeding.
Curtis complies with applicable law in giving victims of domestic violence, stalking and sexual violence time off to obtain relief or other services provided by law if the employee provides the Company with reasonable advance notice (except if notice is not feasible such as in case of emergency or unscheduled court appearances). Time off from work may be requested for various purposes, including to: (1) seek medical attention for injuries; (2) obtain services from a domestic violence shelter, program or rape crisis center; (3) obtain psychological counseling; (4) participate in safety planning and take related actions (such as temporary or permanent relocation); (5) seek a restraining order to help ensure the health, safety or welfare of the employee or their children. This time off is unpaid unless the employee substitutes accrued PTO or Sick Leave for the absence. The Company will maintain the confidentiality of any employee requesting leave for these purposes as required by law.
Curtis reserves the right to require certification or re-certification for time off in accordance with applicable law. Curtis also will not discharge or in any manner discriminate or retaliate against an employee because of the employee’s status as a victim of domestic violence, sexual assault, or stalking, if the employee provides notice to the Company of this status or the Company has actual knowledge of the status.
The Company will make reasonable accommodation for employees who are victims of domestic violence, sexual assault, or stalking and who request accommodation to increase their safety at work as required under California law. Reasonable accommodations may include, but are not limited to, safety measures such as transfer, reassignment, modified schedule, changed work telephone, changed work station, or installed lock; assistance in documenting domestic violence, sexual assault, or stalking that occurs in the workplace; an implemented safety procedure; referral to a victim assistance organization; or other reasonable accommodation that does not create an undue hardship for the Company. Employees who need accommodation should make their requests in writing to their supervisor. The Company may request certification supporting the request for accommodation and/or subsequent recertification. The Company will engage in a timely, good faith interactive process to determine effective reasonable accommodations, and will not retaliate against an employee for requesting a reasonable accommodation under this policy, regardless of whether the request was granted.
On days when elections for public office (“elections for public office” includes elections for sheriff, school board, district attorney, and all primary and general elections) are scheduled throughout the state, county, city or town in which the employee works or lives, schedules will be adjusted as needed to ensure that all employees have the opportunity to vote. However, if an employee who is a registered voter does not have sufficient time outside working hours within which to vote in a state election because of extraordinary travel to a work site or the employee is working overtime, the employee may take off sufficient time, either at the beginning or end of the shift, to enable them to vote, whichever allows the most free time for voting and the least time off from the regular work shift, unless their supervisor agrees otherwise. Up to two hours of this time-off will be with pay. The employee should provide at least two working days’ notice when time off is required. Employees are reminded of the availability of voting by mail. Employees will not be given time off because personal commitments in their nonworking hours prevent them from voting.
No employee will be penalized or retaliated against for requesting time off to vote.
In the unfortunate event of death in the immediate family, regular full time employees will be granted a leave of absence of up to three days with pay. Part-time employees will be paid a prorated daily amount. (Immediate family is defined as mother, father, sister, brother, wife, husband, registered domestic partner, daughter, son, grandmother, grandfather, mother-in-law and father-in-law). These days must be taken consecutively within a reasonable time from the day of the death or day of the funeral, and may not be postponed. These days cannot be used for other purposes.
The Company complies with all applicable leave requirements for employees donating organs or bone marrow. Employees who plan to donate an organ or bone marrow should provide at least fifteen (15) days’ notice to the Company. Employees should direct requests for leave to Human Resources. An employee who requests this leave will be required to provide written verification from a health care provider that they are an organ or bone marrow donor and that there is a medical necessity for the donation of the organ or bone marrow.
If an employee donates an organ, they may receive up to thirty (30) work days of paid time off in one (1) year. For a donation of bone marrow, an employee may receive up to five (5) work days of paid time-off in a one (1) year period. The one (1) year period is calculated beginning with the date an employee uses this type of leave and rolls forward for twelve (12) months. If the employee taking the leave has any accrued PTO, they must use up to five (5) days of that accrual for bone marrow leave or up to two (2) weeks of accrued time for organ donation leave.
During a leave for organ or bone marrow donation, the Company will continue the employee on its group health plan under the same terms and conditions as if the employee were actively working for the Company for the duration of the approved leave. The employee must continue to pay the share of the health benefit costs that they paid before the beginning of the leave if they wish such coverage to continue during the leave. The employee must pay their share of the premium either through increased payroll deductions before the leave begins (when the need for the leave is foreseeable) or, if the employee prefers, through separate payments that are made to the employer every pay period at the same time as such payments would be made if paid by payroll deductions.
Taking time off for bone marrow or organ donation is not considered a break in service and will not affect an employee’s seniority. Employees continue to accrue PTO during this leave. A leave of absence for bone marrow or organ donation does not run concurrently with FMLA or CFRA leave.
Employees who work an average of twenty (20) or more hours per week are entitled to up to three hours of unpaid leave in any 12-month period to donate blood.
The 12-month period will be based on the calendar year.
Employees must give “reasonable notice” of their intent to take leave to give blood.
Exempt employees may be provided time off with pay when necessary to comply with state and federal wage and hour laws.
For more information regarding this leave, please see Human Resources.
An employee who is a member of the armed forces who needs a leave of absence in connection with military service should notify Human Resources as soon as possible. Employees who are required to fulfill military obligations in any branch of the Armed Forces of the United States or in state military service will be given the necessary time off and reinstated in accordance with applicable law.
The time-off will be unpaid, except where applicable law requires otherwise. Exempt employees may be provided time-off with pay when necessary to comply with state and federal wage and hour laws.
Accrued PTO (if any) may be used for this leave if the employee chooses, but the company will not require the employee to use PTO. Military orders should be presented to your supervisor and arrangements for leave made as early as possible before departure.
Employees are required to give advanced notice of their service obligations to the company unless military necessity makes this impossible. You must notify your supervisor of your intent to return to employment based on requirements of the law. Your benefits may continue to accrue during the period of leave in accordance with state and federal law.
Employees in California who work an average of twenty (20) hours or more per week who are the spouse of a member of the Armed Forces of the United States, National Guard or Reserves who has been deployed during a period of military conflict to a combat theatre or combat zone are eligible to take up to ten (10) days of unpaid family military leave during the military service member’s leave or deployment. The employee must provide written documentation certifying that the service member will be on leave from deployment during the time the leave is requested.
During the time that an emergency exists following a declaration of emergency under the law, the company will grant a “volunteer emergency responder” an unpaid leave of absence while engaged in the actual performance of his or her duties as a volunteer firefighter or an enrolled member of a volunteer ambulance service unless the company determines that the employee’s absence would impose an undue hardship on company business.
The company will only grant leave when it has previously received written documentation from the head of the fire department or volunteer ambulance service documenting the employee’s status as a volunteer firefighter or member of a volunteer ambulance service.
Upon request, the employee must provide the company with a notarized statement from the head of the volunteer fire department or volunteer ambulance service certifying the period of time that the employee responded to any emergency.
For more information regarding this leave, contact Human Resources.
Exempt employees may be provided time off with pay when necessary to comply with state and federal wage and hour laws.
This policy covers medical leave under the Family and Medical Leave Act (“FMLA”) and California Family Rights Act (“CFRA”) (referred to jointly as “FML”), as well as leave under workers’ compensation law, pregnancy disability leave law and disability accommodation law. Whenever more than one law applies, the laws run at the same time (concurrently) if permitted by the applicable laws.
Under certain circumstances, the Company will grant an employee up to twelve (12) or twenty-six (26) weeks' of unpaid Family and Medical Leave ("FML") within a 12-month period, depending upon the reasons for the leave.
Currently, FML is allowed for five reasons:
The Company also will provide leave for any other reason required by law. Notably, some extensions to the FML maximum may be granted when the leave is necessitated by an employee's pregnancy related disability, or a "Disability" as defined under the Americans with Disabilities Act or California law.
To be eligible for FML, an employee must satisfy each of the following criteria:
Employees with pregnancy related disabilities or Disabilities need not meet the qualifications set forth in Paragraphs "1", "2" and "3" above. Employees not entitled to a leave under this policy may request a leave for medical or other reasons pursuant to the Company's Personal Leave of Absence Policy in this Handbook.
The employee must provide at least thirty (30) days' advance notice for foreseeable events (e.g., expected birth or adoption of a child, planned medical treatment of employee or a family member, etc.). For events which are unforeseeable thirty (30) days in advance, the employee should normally notify the Company of the need for FML as soon as practicable. The Company requests that the notice be in writing, and contain: 1) the date the FML is to begin; 2) anticipated duration of the FML; and 3) reasons for the FML. The employee may use the "Request for Leave" Forms which are available upon request from Human Resources, and should be returned to the same department. The Company will provide an employee with a Response, either granting, denying or delaying the requested leave within five (5) working days following the employee's request. The Company reserves the right to retroactively designate time-off as FML time in accordance with applicable law.
Additionally, employees are required to follow the Company’s call-in procedures (See Absentee Procedures and Attendance Standards Policy contained within this Handbook) for calling-in absences and requesting leave, absent unusual circumstances. When an employee does not comply with the Company’s call-in procedures, and no unusual circumstances justify that failure, the Company may delay or deny FML leave.
When the reason for the FML is based upon a serious health condition of the employee or family member, the employee must also provide a medical certification from a health care provider on a "Medical Certification Form" also available from Human Resources. For serious health conditions of an employee, a statement of the essential functions of the employee’s position will be attached to the Medical Certification Form. (The Company uses separate certificate forms for Military Caregiver leave.) The Company requests that the Medical Certification Form be submitted along with an employee's initial FML request. If not submitted along with the original request, the employee must make every practicable effort to provide the Company with their completed Medical Certification form within fifteen (15) calendar days after requested by the Company or leave may be delayed or denied. If the Company does not receive the employee's medical certification along with the employee's initial request form, then the Company may grant FML contingent upon later receipt of the medical certification.
If the Medical Certification form is incomplete or insufficient, the Company may give the employee seven (7) days to cure the problem, unless not practicable under the circumstances. If the deficiencies are not cured, the leave may be denied in accordance with applicable law. The Company reserves the right to contact a healthcare provider to authenticate a medical certification in accordance with applicable law.
For work related injuries or illnesses, the employee also must adhere to the notification requirements set forth in the Workers' Compensation policy in this Handbook.
If additional FML is required beyond that originally granted, the employee may request such leave, subject to eligibility requirements. The employee must notify the Company of a requested extension as soon as practicable. In such a case, the employee must provide the Company with a new certification by the health care provider, and a new estimate of the duration of the required leave. If permitted by applicable law, a new medical certification may also be requested if circumstances described in the previous certification have changed significantly or the Company receives information that provides a good faith, objective reason to doubt the employee’s stated reason for the absence or the continuing validity of the certification, such as if the Company learns that employee is performing work for another employer during their FML which is inconsistent with the leave status.
If the employee requests FML due to the birth, adoption or foster care placement of a child, they must initiate the leave within one year of the birth, adoption or foster care placement of the child. If the employee is pregnant, she has certain rights to pregnancy related disability leave in addition to FML. Please ask Human Resources regarding your particular situation.
The Company reserves the right to verify the determination of the health care provider who submits the medical certification regarding an employee's own serious health condition when the Company has a good faith, objective reason to doubt the validity of the certification by requiring the employee to obtain a second opinion of a health care provider designated by the Company. If there is a difference of opinion between the two providers, a third health care provider -- agreed upon by the Company and the employee -- will make the binding determination. Both the second and third opinions will be at Company expense.
If the employee's need for FML is foreseeable due to a planned medical treatment, the employee is expected to make a reasonable effort after consultation with the Company to schedule the leave to avoid undue disruption to the operations of the Company, subject to the approval of the health care provider of the individual requiring the treatment or supervision.
Employees also are required to furnish a certification of qualifying exigency for military family leave. Employees must make every practicable effort to provide the Company with the certification within fifteen (15) days of the date of the request or an employee’s leave may be delayed or denied.
Failure to comply with these notice rules is grounds for, and may result in, denial or deferral of the requested leave.
Normally, a qualified employee may take up to twelve (12) weeks of FML in any twelve (12) month period. If a qualified employee takes Military Caregiver leave, the employee may be eligible for up to twenty-six (26) weeks of FML leave in any twelve (12) month period. Normally, the twelve (12) month period is a "rolling" period, measured backward from the date on which an employee would begin their leave. For Military Caregiver leave, the twelve (12) month period begins when the employee starts using their leave, in accordance with applicable law.
When the reason for the FML is the birth, adoption, or foster care of a child, any FML must be taken for at least two (2) weeks, except that the employee may request a shorter leave on any two occasions during the twelve (12) month period. When the reason for the FML is to care for a sick family member, for Military Caregiver leave, or for an employee's own serious health condition, FML may be taken intermittently or on a reduced leave schedule when medically necessary. The Company may temporarily transfer an employee to an alternative position that better accommodates an intermittent or reduced leave schedule (including altering the existing job), in accordance with applicable law.
Spouses (including same sex spouses) or registered domestic partners as recognized under state law who are both employed by the Company and eligible for FML are permitted to take only a combined total of twelve (12) weeks in any twelve (12) month period when they seek leave in connection with the birth, adoption or foster care of a child. Spouses normally are entitled to a combined total of twenty-six (26)weeks of leave if they have taken Military Caregiver leave, or if they have taken a combination of Military Caregiver leave along with birth bonding leave and/or leave to care for a sick family member. If the spouses have taken Military Caregiver leave in combination with other FML leave, the spouses are entitled to a combined total of twelve (12) weeks of leave for the purpose of the birth, adoption or foster care of a child.
If an employee experiences a pregnancy related disability or a "Disability" as defined under the Americans With Disabilities Act or California law, they may be entitled to greater leave rights going beyond the twelve (12) week maximum to the extent required by law. These other leaves may require additional medical certification as determined by the Company.
In accordance with California law, if the medical leave is requested because of a pregnancy-related disability, the Company will grant up to four months (17 1/3 weeks) for all disabilities related to that pregnancy. The entire leave does not have to be taken in one block, but may be spread among different time periods. Time off needed for prenatal care, severe morning sickness, doctor-ordered bed rest, childbirth, and recovery from childbirth are all covered by pregnancy-related leave. This pregnancy-related leave may be taken before an FML leave for "birth/bonding" leave.
In accordance with the Americans With Disabilities Act and applicable state law, the Company will consider any requests for leave greater than twelve (12) weeks, extensions going beyond the twelve (12) weeks, or time off for non-FML eligible employees on a case-by-case basis as a possible reasonable accommodation. (See Disability/Pregnancy and Lactation Accommodation policy). Time off due to a workers’ compensation injury or illness is eligible for such consideration.
Employees suffering an industrial illness or injury are eligible for leave under the terms of this policy. Curtis will designate time off due to a workers’ compensation injury or illness as FML or Extended or Other Medical Leave, provided the workers’ compensation condition meets the qualifications as set forth in this policy. A medical leave for a work related injury or illness will be extended to the employee in accordance with applicable law on a non-discriminatory basis.
Sometimes, by law, FMLA and CFRA will not run concurrently. Human Resources will provide more information about your particular situation.
FML and any extended leave is unpaid unless an employee has accrued benefits under the PTO or Sick Leave policies.
To the extent permitted by applicable law, if the reason for the FML is the employee's serious health condition (except in the case of pregnancy-related disability, industrial injury or when the employee is receiving any wage supplements), the Company requires the employee to utilize their accrued PTO and Sick Leave during FML leave.
To the extent permitted by applicable law, if the reason for the FML is other than the employee’s own serious health condition, the Company requires the employee to utilize their accrued PTO benefits during FML leave, and the employee may utilize accrued sick leave if permitted under the Company’s Sick Leave policy.
Exceptions: If the reason for the FML is the employee's pregnancy-related disability or industrial injury, then the employee may choose, at their option, whether to utilize their PTO or Sick Leave benefits during thei FML. Also, if an employee is on FML for any reason and is receiving any wage supplements (as described below), they may choose, at their option, whether to utilize a portion of PTO or Sick Leave.
Any PTO or Sick Leave utilized will count toward the employee's maximum allowable FML.
Pursuant to Curtis policy, while on family/medical leave, you will continue to accrue PTO and time of service credit for a maximum of twelve (12) weeks in a rolling calendar year. In addition, upon your return to work, you will receive pay for up to three paid holidays that fell during any unpaid family/medical leave. If a bonus is announced while you are on family/medical leave, or you reach a length of service award during your leave, you will receive it upon your return to work. Your next review for a pay adjustment will be postponed for the duration of the leave.
If the employee receives workers’ compensation insurance, State Disability Insurance or Paid Family Leave, the employee and Company can agree that the Company will reduce the payment amount of any accrued PTO or Sick Leave paid during the leave so that the total amount received by the employee shall not exceed 100% of their regular pay. The employee must immediately notify Human Resources of workers’ compensation or California benefit eligibility in order for payments to be coordinated.
If an employee takes FML for Military Caregiver leave, the Company will continue the employee on its group health plan under the same terms and conditions as if the employee were actively working for the Company for up to twenty-six (26) weeks. If the employee takes Pregnancy-related Leave, the Company will continue the employee on its group health plan under the same terms and conditions as if the employee were actively working for the Company for the period of pregnancy-related disability, up to four (4) months (17 1/3 weeks). For the first twelve (12) weeks of a qualifying FML taken for any other purpose [including a CFRA leave for baby bonding after a leave for pregnancy-related disability], the Company will continue the employee on its group health plan under the same terms and conditions as if the employee were actively working for the Company.
The employee must continue to pay the share of the health benefit costs that they paid before the beginning of the leave if they wish such coverage to continue during the leave. The employee must pay their share of the premium through separate payments that are made to the employer every pay period at the same time as such payments would be made if paid by payroll deductions. If an employee does not pay their share of the premiums within thirty (30) days of being due, coverage will cease upon written notice to the employee in accordance with the provisions of the law. The employee may thereafter reinstate coverage immediately following the leave if the employee resumes payment of their share of the premiums in a timely manner.
Under certain circumstances, if the employee fails to return to work following the approved leave, the Company may seek all premiums the Company paid on the employee's behalf for health coverage during the leave. After the maximum amount referred to above, these benefits will cease.
With respect to employee benefit plans other than the Company's group health plan, i.e., 401k Plan, Life & AD&D Insurance, short or long term disability insurance, etc., the employee will continue to be entitled to participate in the plans, subject to the terms and limitations of the respective plans. The Company will pay the premiums associated with the above plans, subject to the terms and limitations of the respective plans, up to a maximum of twenty-six (26) weeks.
Also, FML will not constitute a "break in service" for the purposes of longevity under the plans.
Employees on leave are asked to confirm their return date at least two (2) weeks before they return to work. Any requests for additional leave must be made as soon as practicable. The employee should notify their manager or Human Resources. Employees on leave who do not return as scheduled, and are not granted an extension, will be terminated as of the day the original leave expires. For employees on FML due to their own serious health condition, these employees are required to submit (prior to starting work) their health care provider's certification that they are able to resume work (“Fitness-for-Duty Certification”). A Fitness-For-Duty Certification form is available from Human Resources. The employee’s essential job duties must be attached to the certification form, and the certification must address the employee’s ability to perform the essential functions of the job. Human Resources may contact the healthcare provider directly to authenticate a Fitness-For-Duty certification. The Fitness-For-Duty Certificate is required solely to release the employee to work (and does not require a fitness-for-duty examination).
Upon their return from FML, the employee will resume employment with the Company at the same or equivalent position to be determined by the Company. The Company may refuse to reinstate the employee on FML under the following circumstances:
All employees on FML or extended leave are subject to personnel actions unrelated to their leave (e.g., termination due to position elimination or reduction in force.)
If an employee receives extended leave going beyond the FML maximum due to a "disability" as defined under law, the Company will not fill the employee's position with a non-temporary employee unless it must do so because of business necessity and if otherwise permitted by applicable law. If this does occur, the Company will first attempt to notify the individual on leave and offer them the opportunity to return to work prior to filling the position. Upon the expiration of the extended leave, the Company will strive to return the individual to the position they held prior to the leave in accordance with applicable law. If the Company filled that position, the employee may be offered any available openings for which they are qualified. If an employee does not accept an available opening, they will be considered to have voluntarily quit employment.
If an employee receives extended leave going beyond the FML maximum due to a pregnancy-related disability, the employee will be returned to the same position or, under some circumstances, to a comparable position, upon her return from leave. The Company may refuse to reinstate the employee from pregnancy-related disability leave under the following circumstances: (a) her employment would have ended had she remained continuously at work during the pregnancy disability leave (e.g., her position was eliminated for reasons unrelated to her pregnancy); and (b) there is no comparable position available or the Company would not have offered a comparable position to the employee if she had been continuously employed during the pregnancy-related disability leave.
This policy is adopted to meet the Company’s legal obligations in providing leaves of absences and is not intended to expand employees’ legal rights to time-off. All other leaves and time-off not referenced in this policy (e.g. kincare) shall run concurrently with this policy to the maximum extent permitted by applicable law. The Company intends to administer the policy in accordance with applicable legal requirements. Any leave provided by the Company that is not legally required is at the sole discretion of management and does not impose any legal duty upon the Company.
Curtis’ Paid Parental Leave Benefit Policy recognizes the needs of both parents to have time to bond with their newborn or newly adopted child. We believe all parents should be given time to care and bond with their new child without additional financial hardship that may result from taking time off. This Benefit is not required by law, and is provided at Curtis’ discretion to aid its employees.
To this end, the Company provides six (6) weeks of fully paid parental leave Benefits to employees following the birth or adoption of a “child” as defined by the federal Family and Medical Leave Act and its regulations (“FMLA”). The six (6) weeks of Benefits must be used during the sixteen (16) week period immediately following the birth or adoption of the child. For adoption, Benefits may be used before the adoption is finalized if an employee needs to be absent from work for the adoption to proceed (e.g., for travel to another country as part of the adoption process). (Note that an employee who adopts a new spouse’s child or children is not eligible for Benefits under this policy.) Receipt of Benefits under this policy will run concurrently with FMLA, State leave laws and disability leave laws, as applicable.
This Benefit is for mothers, fathers and co-parents, regardless of gender.
Eligible employees must meet the following criteria:
[NOTE: If an employee does not meet the above criteria prior to going out on leave, but does meet the criteria while out on leave, the Benefit will become available once the criteria have been met, but the Benefit must be used within the first 16-weeks immediately following the birth or adoption of the child.]
For example, a full-time employee hired on January 1 becomes a parent on November 30. For December, the employee, who is not yet eligible for the Paid Parental Leave Benefit under this policy, uses a combination of accrued PTO, and/or unpaid time off which means as of December 31, the employee has been off one-month. On January 1 (of the following year), the employee has been employed for twelve (12) months and therefore meets the criteria above and is now eligible for this Paid Parental Leave Benefit. This employee would only be able to utilize the Paid Parental Leave Benefit in the sixteen (16) weeks immediately following the November 30 birth of the child (e.g., up to March 22).
In order for California employees to qualify for the Benefits under this policy, Employees must qualify and receive California Paid Family Leave insurance benefits from the State of California, or the California State Disability Insurance benefits from the State of California.
Employees will receive a payroll supplement from Curtis equal to the difference between their regular base wages and the “State” Paid Family Leave insurance (“PFLI”) benefits they receive through California Paid Family Leave. If an employee is disabled because of pregnancy, but exhausted her benefits under the Company’s Short-Term Disability Benefits policy, she will receive a payroll supplement from Curtis equal to the difference between her base wages and California State Disability Insurance benefits she receives. The regular base wages do not include any other compensation (e.g., bonuses, overtime for non-exempt employees, etc.). For example, if an Employee’s weekly salary is $2,000, and receives California Paid Family Leave insurance in the amount of $1,000 for a week, Curtis will pay the employee the $1,000 difference (subject to standard payroll withholding). In no case, may Employees receive more than 100% of their normal base wages – when combining the State benefit and this Paid Parental Leave Benefit.
A personal leave of absence of up to one (1) month may be granted at the discretion of the department manager with the approval of the Human Resources Manager. Personal leave is “unpaid” leave. Employees will be required to substitute accrued, unused Paid Time Off for any “unpaid” leave. Additionally, the employee will accrue additional PTO hours and seniority credits during personal leave for the first thirty (30) days. While on personal leave, an employee’s job is not protected.
The employee’s benefits will be covered for the first thirty (30) days. Once the employee exhausts the first thirty (30) days of benefit coverage, the employee will have an option to elect continuation of coverage at their own expense under COBRA. Personal leaves of over one month must have the additional approval of an officer of Curtis. Curtis may require that the request for a leave of absence be in writing, stating the reason for the leave and its expected duration. The reason for the leave will be kept confidential.
An employee must have at least six (6) months of service to be eligible for a leave longer than one (1) week, and a year of service to be eligible for a leave longer than one (1) month. The maximum leave that can be granted is six (6) months.
If an employee accepts any other employment or goes into business while on a leave of absence of any type, the employee will be considered to have voluntarily resigned from employment as of the day on which the employee began the leave of absence.
State Disability, Workers’ Compensation, and Long Term Disability all provide partial salary continuation for eligible employees during times of injury or illness beyond a seven (7) day waiting period.
For any disability related to illness, injury and pregnancy which extends beyond the standard seven-day waiting period, it is the policy of Curtis to supplement the above insurance benefit and continue paying a portion of the employee’s salary up to 100% contingent on the following:
Any insurance benefit payments reported to the company will be included as income where applicable and will be reflected on the employee’s W-2 form at the end of the year.
Employees will be allowed two weeks supplemental paid short-term disability benefits for every full year (52 weeks) of service, to a maximum of twenty-six (26) weeks. As you are eligible, you will be allowed to utilize the supplemental salary benefits on a “rolling” twelve (12) month basis.
Example
|
Week # |
Insurance
Benefit
|
Curtis
Benefit
|
Total
to Employee
|
|
1 |
$0.00 |
$1,000.00 |
$1,000.00 |
|
2 |
$550.00 |
$450.00 |
$1,000.00 |
|
3 |
$550.00 |
$450.00 |
$1,000.00 |
|
4 |
$550.00 |
$450.00 |
$1,000.00 |
|
5 |
$550.00 |
$450.00 |
$1,000.00 |
|
6 |
$550.00 |
$450.00 |
$1,000.00 |
|
7 |
$550.00 |
$0.00 |
$550.00 |
|
8 |
$550.00 |
$0.00 |
$550.00 |
|
9 |
$550.00 |
$0.00 |
$550.00 |
If you elect coverage for yourself and any family members under one of Curtis’ available health plans, then Curtis is required, by a federal law called “COBRA,” to offer you and your family the opportunity to elect a temporary extension of health coverage in certain instances where coverage under the plan would otherwise end. This extended health coverage is commonly called “continuation coverage” or “COBRA coverage.”
You and/or your covered family members will have the opportunity to continue medical and/or dental benefits for a period of up to 36-months under COBRA when group medical and/or dental coverage for you and/or your covered dependents would otherwise end due to your death or because:
For more information regarding COBRA, you may contact Human Resources.
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