Welcome!

On behalf of everyone at Proof Bread, we want to welcome you to our team. We strive to have a workplace that is both rewarding and challenging. We sincerely hope you will find satisfaction and fulfillment working here. Because our success depends upon the dedication of our employees, we are highly selective in choosing new members of our team. You are now an important member of that team! We also know that individuals like you are our most important assets. We look to you, and your co-workers, to make a meaningful contribution to the success of our team.

We recognize that our growth and profitability are determined in large measure by your contribution to the organization. We believe in providing good working conditions and fair treatment. Equally important is the opportunity for everyone to contribute and provide input to obtain a sense of accomplishment and pride in the work done by each and every person working with us.

This employee handbook is intended to explain the terms and conditions of employment of all full- and part-time employees. It is not a contract. It is designed to acquaint you with the company, and to help you effectively and efficiently operate within the company's policies. Written employment contracts between Proof Bread and some individuals may supersede some of the provisions of this handbook.

This handbook summarizes the policies, practices, rules, regulations and employment benefits of Proof Bread which were in effect at the time of publication. They may change from time to time, with or without notice. It supersedes all previously issued handbooks and any policy or benefit statements or memoranda that are inconsistent with the policies described here. We will be happy to answer any questions you may have about the handbook.

At the end of the day, this business exists to provide opportunities for our team and to create massive value for our clients. We encourage you to read through this handbook, especially the appendices at the end, which go more in depth on our guiding principles at Proof Bread.

Once again, welcome aboard. 

Equal Employment Opportunity (EEO) Policies

No-Discrimination Policy

Company provides equal employment opportunity to all qualified employees and applicants without unlawful regard to race, color, religion, sex, sexual orientation, national origin, age, disability, genetic information, or any other status protected by applicable federal, state, or local law. This policy applies to all aspects of the employment relationship – including but not limited to, recruitment, hiring, compensation, promotion, demotion, transfer, disciplinary action, layoff, recall, and termination of employment.

All employees are expected to comply with all of Company's EEO policies. Any employee's failure to do so may result in discipline, up to and including, termination.

Disability Accommodation Policy

Company is committed to complying fully with the Americans with Disabilities Act (ADA) and 'applicable state disability discrimination law. We are also committed to ensuring equal opportunity in employment for qualified persons with disabilities.

Accommodations

Company engages in an interactive process with a qualified applicant or employee with a known disability to determine reasonable accommodations. Company provides reasonable accommodations unless such accommodations create an undue hardship on the operation of Company. Company is committed to complying fully with the ADA and applicable state disability discrimination/accommodation laws. Company is also committed to ensuring equal opportunity in employment for qualified persons with disabilities.

Requesting an Accommodation

The ADA and applicable state disability discrimination laws provide protections to people with disabilities in employment. In recognition of the barriers to full participation faced by this group, and in compliance with the ADA/applicable state law, accommodations may be implemented to the extent that they are not an undue hardship for Company.

A reasonable accommodation is any change or adjustment to a job or work environment that does not cause an undue hardship on the department or unit (or, in some cases, the Company) and which permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities. For example, a reasonable accommodation may include providing or modifying equipment or devices, job restructuring, allowing part-time or modified work schedules, reassigning an individual, adjusting or modifying examinations, modifying training materials or policies, providing readers and interpreters or making the workplace readily accessible to and usable by people with disabilities.

Employees should request an accommodation as soon as it becomes apparent that a reasonable accommodation may enable the employee to perform the essential duties of a position or participate in the employment process. All requests for accommodation should be made with the employee's immediate supervisor, and should specify which essential functions of the employee's job cannot be performed without a reasonable accommodation. In most cases, an employee will need to secure medical verification of his or her need for a reasonable accommodation.

No-Harassment Policy

Company prohibits unlawful harassment of any kind in the workplace, or harassment outside of the workplace that violates its employees' ability to work in a harassment-free workplace.

Sexual Harassment

Sexual harassment is unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature (regardless of whether such conduct is "welcome"), when:

• Submission to such conduct is made either implicitly or explicitly a term or condition of employment;
• Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment.

Some examples of conduct that could give rise to sexual harassment are unwanted sexual advances; demands for sexual favors in exchange for favorable treatment or continued employment; sexual jokes; flirtations; advances or propositions; verbal abuse of a sexual nature; graphic, verbal commentary about an individual's body, sexual prowess, or deficiency; leering, whistling, touching, assault, sexually suggestive, insulting, or obscene comments or gestures; display in the workplace of sexually suggestive objects or pictures; or discriminatory treatment based on sex. The foregoing list is not exhaustive. 

Other Forms of Prohibited Harassment

Other forms of prohibited harassment under Federal and Arizona law include harassment against an individual based on the individual's race, color, religion, sex, sexual orientation, national origin, age, disability, genetic information, or any other status protected by applicable federal, state, or local law.

Such harassment may include verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of any protected status, such as epithets, slurs, negative stereotyping, or threatening, intimidating, or hostile acts that relate to a protected class or written or graphic material that denigrates or shows hostility or aversion toward an individual or group because of the protected status.

Such harassment is an affront to natural law and a denial of human rationality. The Company stands firmly against it.

Complaint Procedure

Each member of management is responsible for creating an atmosphere free of discrimination and harassment. Further, all employees are responsible for respecting the rights of their coworkers and strictly adhering to the letter and spirit of this policy. All employees are encouraged to discuss this policy with an immediate supervisor, or Company Owner at any time if they have questions or concerns relating to the issues of discrimination or harassment.

If you believe that you have experienced any harassment or discrimination, you are expected and required to bring the matter to the attention of your immediate supervisor as soon as possible. If you believe that it would be inappropriate to discuss the matter with your immediate supervisor or if you are uncomfortable discussing the issue with your supervisor, you may bypass your immediate supervisor and report the matter directly to company leadership.

In addition, any employee who observes any conduct that they believe constitutes harassment or discrimination, or who receives information about incidents of harassment or discrimination that may have occurred, must immediately report the matter to their immediate supervisor or Company Owner.

Investigation

Company investigates all complaints and reports promptly and impartially, and keeps them confidential to the extent possible, consistent with Company's need to investigate the complaint and address the situation. If discrimination or harassment in violation of this policy is found to have occurred, the Company will take prompt, appropriate corrective action, and any employee found to have violated this policy will be subject to disciplinary action, up to and including termination of employment.

Protection Against Retaliation

Company prohibits retaliation in any way against any employee because the employee has made a good-faith complaint or report pursuant to this policy, has made any other legally protected complaint or report, or has participated in an investigation of such complaints or reports. Any employee who is found to have retaliated against another employee in violation of this policy will be subject to disciplinary action up to and including termination of employment.

Constructive Discharge

Employees are encouraged to communicate to Company whenever the employee believes working conditions may become intolerable to the employee and may cause the employee to resign. Under section 23-1502, Arizona Revised Statutes, an employee may be required to notify an appropriate representative of the employer in writing that a working condition exists that the employee believes is intolerable, that will compel the employee to resign or that constitutes a constructive discharge, if the employee wants to preserve the right to bring a claim against the employer alleging that the working condition forced the employee to resign.

Under the law, an employee may be required to wait for fifteen calendar days after providing written notice before the employee may resign if the employee desires to preserve the right to bring a constructive discharge claim against the employer. An employee may be entitled to paid or unpaid leave of absence of up to fifteen calendar days while waiting for the employer to respond to the employee's written communication about the employee's working condition. 

Employment Status

Employee Classification

Company classifies employees as follows:

1. Regular Full-time: Employment in an established position requiring 30 hours or more of work per week. Generally, full-time employees are eligible to participate in Company's benefit programs.
2. Regular Part-time: Employment requiring less than 30 hours of work per week. Normally a part-time schedule, such as portions of days or weeks, will be established. Occasional workweeks of over 30 hours will not constitute a change in status from part-time to full-time. Regular, part-time employees are not eligible for benefits including paid time off or leaves of absence, except those mandated by applicable law.
3. Temporary: Employment in a job established for a specific purpose, for a specific period of time, or for the duration of a specific project or group of assignments. Temporary employees are only eligible for such benefits as may be required by law; Company does not extend additional benefits to temporary employees. Temporary employment can either be full-time or part-time.

Additionally, all employees are defined as either "exempt" or "nonexempt," which determines whether the employee is eligible for overtime. Employees will be instructed as to whether they are exempt or non-exempt at the time of hire or when a promotion or demotion occurs. All employees, regardless of employment classification, are subject to all Company rules and procedures.

Meal Periods and Rest Breaks

Meal or lunch periods (usually 30 minutes or more) do not need to be paid, so long as the employee is free to do as they wish during the meal or lunch period and is not interrupted with work tasks or questions.

Nonexempt employees may take up to two paid 10-minute rest breaks if the workload permits.

Nonexempt employees may take a 30-minute unpaid meal period every work day. If, because of the nature or circumstances of the work, an employee is required to remain on duty or to perform any tasks during the meal period, the employee must inform his or her supervisor before the end of the shift so that Company may pay the employee for that work or provide a new uninterrupted meal break of at least 30 minutes.

Meal periods and rest breaks may not be "skipped" in order to leave early. An employee who fails to abide by these policies and laws may be subjected to discipline, up to and including termination.

Timekeeping Requirements

All non-exempt employees must accurately record time worked for payroll purposes. Employees are required to record their own time at the beginning and end of each work period, including before and after the lunch break. Employees also must record their time whenever they leave the building for any reason other than Company business. Filling out another employee's time record, allowing another employee to fill out your time record, or altering any time record will be grounds for discipline up to and including termination. An employee who fails to record his or her time accurately may be subjected to discipline as well.

Any errors on your time records should be reported immediately to your supervisor, who will attempt to promptly correct legitimate errors. An employee who fails to timely notify a supervisor of an error on their time record may be subjected to discipline up to and including termination.

Overtime

Time-and-a-Half

The Company pays one and one-half times a non-exempt employee's hourly rate for all hours worked over 40 in any workweek. Non-exempt employees are those who work in positions for which an overtime premium must be paid under the Fair Labor Standards Act.

Limitation on Overtime Pay

Overtime pay (premium rates) shall not be paid twice for the same hours (pyramiding). Paid hours not actually worked (for example, vacation, holidays, etc.) will not be counted toward the 40 per workweek required to receive overtime pay.

Supervisor Authorization

No overtime may be worked by (non-exempt) employees unless specifically authorized in advance by a supervisor or management. Any violations of this policy may subject the offending employee to discipline up to and including termination. 

Payment of Wages

Payday

Paychecks are normally available on Fridays, barring a bank holiday. In the event of an error on your paycheck, please contact your manager or on-site supervisor immediately.

Payroll Deductions

We are required by law to withhold certain deductions from your paycheck. We will withhold taxes as prescribed by State and Federal laws, including but not limited to:

• Federal Income Tax;
• Social Security Tax;
• Medicare Tax;
• State Income Tax (if applicable);
• Local Tax(es) (if applicable);
• State Disability Tax (if applicable).

In addition, we are required to recognize court orders, liens and wage assignments that may require additional withholding. If we receive notification that such payroll deductions are required, we will begin withholding immediately. You may request certain payroll deductions for safety equipment purchases, medical insurance coverage, credit union deposits, etc. 

Time Off and Leaves of Absence

Paid Time Off (PTO)

PTO is a benefit provided by the company for employees to provide a flexible way for employees to take time off for vacations, holidays, and/or personal matters not covered under Paid Sick Time (PST). PTO is paid at the employee’s base rate of pay at the time of the leave. It does not include overtime or any other form of compensation.

Due to the business needs and high volume during certain times of the year, PTO requested during these times will likely be denied:

• 7 days leading up to Thanksgiving
• 14 days leading up to Christmas Eve
• 7 days leading up to Easter
• 7 days leading up to Mother’s Day

PTO is provided according to the schedule below.

• PTO1 applies to hourly, non-management employees.
• PTO2 applies to salaried, management employees.

Employees are required to record/log PTO as follows: Hourly employees must log all time taken off as PTO whether it is a full day or a partial day. For example, an hourly paid employee whose regular schedule is 8 hours per day takes 4 hours off to attend a routine parent/teacher conference, would put in 4 hours of work time and 4 hours of PTO time.

Salaried employees are paid their full salary for any scheduled workday in which work is performed. Salaried employees should log time off as PTO if a full day of absence was taken.

Unused PTO does carry over but is capped, per below:

• PTO1 – up to 20 hours of unused PTO may be carried over but balance may not exceed 40 hours.
• PTO2 – up to 40 hours of unused PTO may be carried over but balance may not exceed 80 hours. 

Unused PTO will cashed out upon termination provided that the employee provided and completed 2 weeks of notice. 

Sick Leave

Company provides paid sick leave in accordance with Arizona law. Retaliation against any employee for use of paid sick leave is in violation of Arizona law, and Company strictly prohibits such retaliation.

Eligibility

This sick leave policy applies to all employees.

Use

Sick leave may be taken for:

1. An employee’s or a family member’s medical care or mental or physical illness, injury, or health condition;
2. A public health emergency; and
3. Absences due to domestic violence, sexual violence, abuse, or stalking.
4. Any purpose permitted under the Arizona Fair Wages and Healthy Families Act.

For purposes of this policy, "family member" means any of the following persons in relation to the employee: (a) Regardless of age, a biological, adopted or foster child, stepchild or legal ward, a child of a domestic partner, a child to whom the employee stands in loco parentis, or an individual to whom the employee stood in loco parentis when the individual was a minor; (b) a biological, foster, stepparent or adoptive parent or legal guardian of an employee or an employee's spouse or domestic partner or a person who stood in loco parentis when the employee or employee's spouse or domestic partner was a minor child; (c) a person to whom the employee is legally married under the laws of any state, or a domestic partner of an employee as registered under the laws of any state or political subdivision; (d) a grandparent, grandchild or sibling (whether of a biological, foster, adoptive or step relationship) of the employee or the employee's spouse or domestic partner; or (e) Any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

If the need for sick leave is foreseeable, the employee must provide up to 10 days' reasonable advance notification before taking sick leave. If the need for sick leave is unforeseeable, the employee shall provide notice of the need for leave as soon as practicable.

If the need for sick leave is foreseeable, employees may request sick leave orally, in writing, or by electronic means. If the need for sick leave is unforeseeable, the employee must contact their supervisor.

Employees must use sick leave in minimum increments of one hour.

Compensation for Sick Leave

Eligible employees will receive pay at their regular rate of pay for any sick leave taken.

Employees paid on commissions: Sick leave will be paid at a rate of pay agreed upon by the employer and the employee, but such amount shall be at least the minimum wage.

No employee will receive pay in lieu of sick leave under any circumstances, and employees will not be paid for any unused sick leave upon termination of employment (regardless of the reason).

Accrual and Use of Sick Leave

Employees accrue sick leave at the rate of one hour of sick leave for every 30 hours of work, beginning

on the first day of employment. Employees may carry accrued but unused sick time to the following year. Employees will not accrue sick leave during any unpaid leave of absence. Employees may not use more than 40 hours of sick leave year per year, regardless of how much has been accrued.

Holiday Pay

All hourly employees who are scheduled to work on any of these holidays are eligible for 1.5 times their pay for any hours worked on the holiday: Thanksgiving, Christmas Eve, Christmas, New Years Day, Easter, Independence Day.

Jury Duty

Company will grant employees time off for mandatory jury duty and/or jury duty orientation. A copy of the court notice must be submitted to the employee's manager to verify the need for such leave.

Although jury duty leave is unpaid, the employee may keep the jury duty pay they receive, and the employee may use any accrued vacation, sick leave, or PTO during the stint of jury service. The employee is not required to use any accrued vacation, sick leave, or PTO during jury service.

The employee is expected to report for work when doing so does not conflict with court obligations. It is the employee's responsibility to keep his or her supervisor or manager informed about the amount of time required for jury duty.

Voting Leave

Employees entitled to vote at a primary or general election in Arizona may request leave from work in advance to vote in certain circumstances, depending on the time the polls are open and on the time of the employee's regular work shift. Contact your supervisor with questions about this leave.

Religious Observances Leave and Accommodation

Company respects the religious beliefs and practices of all employees. The Company will make, upon request, an accommodation for such observances when a reasonable accommodation is available that does not create an undue hardship on the Company's business. Employees may use vacation or unpaid time for religious holy days or to participate in a religious observance or practice.

Military Leave

Employees who wish to serve in the military and take military leave should contact your supervisor for information about their rights before and after such leave.

Lactation Breaks and Breast-Feeding

All staff (exempt and nonexempt) who are breast-feeding children up to 18 months old may take reasonable breaks during the work day to express milk. These breaks are optional. If you need to take these breaks, please talk to company leadership.

1. Nonexempt Staff Members. Whenever possible, nonexempt staff members should take lactation breaks concurrently with other available breaks. Lactation breaks are unpaid and should be accounted for appropriately. For example, if an employee takes a 30-minute lactation break that overlaps with a paid rest break, the 15-minute rest break is paid and the remaining 15 minutes is unpaid. If the employee takes the lactation break separately, the entire time used is unpaid. Lactation breaks may also overlap with unpaid meal breaks.
2. Exempt Staff Members. Exempt staff members should use good judgment to choose appropriate times for lactation breaks that balance the employees’ lactation needs and the demands of work.

Family Care, Medical, and Military Family Leave

Eligibility

To be eligible for family care, medical, and military family leave, an employee must (1) have worked for the Company for at least twelve months prior to the date on which the leave is to commence; and (2) have worked at least 1,250 hours in the twelve (12) months preceding the leave. However, employees who work at a location where the Company employs fewer than 50 persons within 75-miles are not eligible for family care, medical, or military family leave.

In the case of a pregnancy-related or other legally protected disability or medical condition or work- related injury, an employee may not need to satisfy all of the above requirements. In such circumstances, the employee should contact Corporate Human Resources for clarification about his or her rights for other types of leave.

Permissible Reasons for Leave & Amount of Leave

Family Care & Medical Leave; Military Exigency Leave: You may take Family Care and Medical Leave for any of the following reasons: (1) the birth of a son or daughter; (2) the placement of a son or daughter with you for adoption or foster care; (3) to care for a spouse, domestic partner, son, daughter or parent (“covered relation”) with a serious health condition; (4) because of your own serious health condition which renders you unable to perform an essential function of your position (including pregnancy-related disability). Family care leave because of reasons (1) or (2) must be completed within the 12-month period beginning on the date of birth or placement.

A “serious health condition” is an illness, injury, impairment or physical or mental condition that involves (a) an inpatient stay in a hospital, hospice, or medical care facility or (b) continuing treatment by a health care provider, as defined under the FMLA. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition.

Eligible employees may use up to 12 weeks of FMLA leave for “any qualifying exigency” arising out of a covered military family member serving in the National Guard, Reserves, or Armed Forces on covered active duty or called to covered active duty. A “qualifying exigency” includes issues arising from short- notice deployment, military events and related activities, childcare and school activities, financial and legal arrangements, counseling, rest and recuperation, post-deployment activities, and any additional activities agreed to by the employer and the employee. Provided all the conditions of this policy are met, an employee may take a maximum of 12 weeks of family care, medical, and military exigency leave in a rolling 12-month period measured backward from the date of any FMLA leave usage.

Military Caregiver Leave

An employee who is the spouse, son, daughter, parent, or next of kin to a covered servicemember may take up to 26 workweeks of leave in a single 12-month period to care for a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness incurred in the line of duty, including a preexisting injury or illness that was aggravated in the line of duty on active duty. This 12-month period will be measured forward from the first day leave is taken. This leave also covers family members of a veteran who is undergoing medical treatment. Specifically, it covers family members of veterans who:

(1) are undergoing medical treatment, recuperation, or therapy for a qualifying serious injury or illness incurred in the line of duty on active duty; and (2) were members of the Armed Forces, including the National Guard or Reserves, at some point during the five-year period before undergoing the treatment, recuperation, or therapy. Spouses who are both employed by the Company may take a maximum combined total of 26 weeks in the 12-month period for the care of the servicemember and the birth, adoption, or foster care of their child or to care for an ill parent, provided that no more than 12 weeks of this combined 26-week period may be taken for reasons other than to care for the servicemember.

Intermittent or Reduced Schedule Leave

An employee may take leave covered under this policy intermittently or on a reduced leave schedule when the leave is due to a serious health condition of the employee, a covered family member, or covered military servicemember, provided that a healthcare provider’s certification establishes that intermittent leave is medically necessary and, when possible, includes a reasonable estimate of the dates and duration of the leave. Military exigency leave also may be taken intermittently or on a reduced schedule.

Where the intermittent or reduced schedule leave is for a chronic condition, the healthcare provider’s certification will need to address whether the employee is incapacitated as of the time of the certification, and the likely duration and frequency of episodes of incapacity. Where the intermittent or reduced schedule leave is for planned medical treatment, the healthcare provider’s certification will need to provide: (a) an estimate of the probable number and interval between such treatments; (b) actual or estimated dates of treatment if known; and, (c) the period required for recovery if any. In addition, the employee must make an attempt to schedule the treatment so as not to unduly disrupt the Company’s operations. When the leave is for planned medical treatment, the Company may temporarily transfer an employee requiring intermittent leave or leave on a reduced work schedule to an available alternative position for which the employee is qualified and which better accommodates recurring periods of leave. When the employee no longer needs leave on an intermittent or reduced leave schedule basis, the employee will be returned to the substantially same or equivalent job that the employee held when the leave began.

The employee is required to respond satisfactorily to any reasonable inquiries permitted under the law that the Company may make about the circumstances substantiating any particular request for leave on an intermittent basis. Failure to respond satisfactorily to any such inquiries may result in denial of leave. Where the family care leave is to be taken in connection with the birth, adoption, or foster placement of a child, the minimum duration for each period of leave is two weeks, except that the employee may request leave of less than two weeks duration on any two occasions.

Reinstatement

Under most circumstances, an employee returning to work following approved leave under this policy is entitled to return to the substantially same position the employee held prior to taking leave or to an equivalent position with equivalent benefits, pay and other terms and conditions of employment. The Company may deny reinstatement to employees who are among the highest paid ten percent of all employees employed by the Company within 75 miles of the employees’ worksite and whose reinstatement would cause substantial and grievous economic injury to the Company’s operations. An employee has no greater right to reinstatement than if the employee had been continuously employed rather than on leave. The Company will comply with all applicable laws pertaining to reinstatement of employees, including where required, the reasonable accommodation of employees who have been on an approved leave.

Benefits During Leave

During an employee’s family care, medical, and military family leave, the Company will continue to pay for the employee’s participation in the Company’s group health plans to the same extent and under the same terms and conditions as would apply had the employee not taken leave. An employee may choose to continue health insurance benefits while on approved leave under this policy by making arrangements to pay the normal employee portion of health insurance premiums. Employees will have a minimum 30-day grace period in which to make premium payments. If payment is not made timely, an employee’s group health insurance may be cancelled, provided the employee is notified in writing at least 15 days before the date that the employee’s health coverage will lapse, or, at the Company’s option, it may pay the employee’s share of the premiums during leave, and recover these payments from upon the employee’s return to work.

If the employee does not return to work following FMLA leave (or work less than 30 days after returning from leave), the employee may be required to reimburse the Company for any health insurance premiums paid on the employee’s behalf during the employee’s leave (including the employer portion of the premium, and the employee portion of the premium if it was paid by the Company on the employee’s behalf). The employee would not be required to repay premiums if the failure to return (or failure to work 30 or more days following return) is caused by a serious health condition that would entitle the employee to further FMLA leave, or other circumstances beyond the employee’s control.

Employees on family care, medical, and military family leave accrue employment benefits such as seniority only when paid leave is being substituted for unpaid leave and only if the employee would otherwise be entitled to such accrual. Accrued benefits such as vacation and sick leave may not accrue while on unpaid leave.

Substitution of Paid Leave

Except as to any time period for which the employee receives pay replacement benefits from another source, such as state disability insurance, employees may be required to use, to the extent permissible under applicable law: (a) any accrued vacation during FMLA leave; and/or, (b) any available sick leave during FMLA leave taken because of the employee’s own serious health condition. Employees may elect, but are not required, to use any available sick leave during FMLA leave taken to care for a family member or bond with a new child. Except to the extent vacation, sick leave, and/or Paid Leave are used during FMLA leave, FMLA leave is unpaid. The Company may require usage of any vacation, sick leave, Paid Leave, and/or any pay replacement benefits provided by the Company to run concurrently with the FMLA leave, to the extent permissible under applicable law. In addition, if an employee is off of work due to an injury covered by worker’s compensation, if the injury qualifies as a “serious health condition,” the Company may designate the leave as FMLA leave and the worker’s compensation leave and FMLA leave will run concurrently.

Procedure for Requesting FMLA

Leave If the need for family care, medical, military exigency, or military caregiver leave is foreseeable, an employee must provide the Company with at least 30 days advance notice before the leave is to begin. If 30 days’ notice is not practicable due to a medical emergency or the date for leave is not known, the employee must provide notice to the Company as soon as practicable based on the facts and circumstances of the individual case. Generally, it should be practicable for the employee to provide notice of the need for leave either the same day or the next business day after learning of the need for leave. If the employee fails to provide notice 30 days beforehand (for foreseeable leave) or as soon as practicable (for unforeseeable leave), the Company may determine that the absence does not qualify for FMLA leave and treat the absence as unexcused, to the extent permitted by law.

When planning medical treatment, an employee must consult with the Company and make a reasonable effort to schedule the treatment so as not to unduly disrupt the Company’s operations, subject to the approval of the employee’s health care provider.

When the need for leave is not foreseeable and absent unusual circumstances, the employee must comply with the Company’s usual and customary call-in procedures to report their absence from work. All requests for family care, medical, military exigency, and military caregiver leave should include enough information to make the Company aware that the employee needs qualifying leave, and the anticipated timing and duration of the leave, if known. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the Company if the requested leave is for a reason for which FMLA leave was previously taken or certified.

Medical and Other Certification Requirements

Any request for medical leave for an employee’s own serious health condition or that of a covered family member must be supported by medical certification from a health care provider. Employees generally must provide the required certification within 15 calendar days after the Company’s request for certification. For foreseeable leaves, employees must provide the required medical certification before the leave begins. When this is not possible, employees must provide the required certification within 15 calendar days after the Company’s request for certification, unless it is not practicable under the circumstances to do so, despite the employee’s good faith efforts.

The Company also may request periodic recertification of the need for leave taken because of an employee’s own serious health condition or the serious health condition of a family member, to the extent permitted by law.

For an employee requesting leave because of a qualifying exigency arising out of the active duty or call to active duty status of a covered military member, the Company requires that the employee provide a copy of the covered military member’s active duty orders or other documentation issued by the military which indicates that the covered military member is on active duty or called to active duty status and the dates of that service.

For an employee requesting leave to care for a covered service member with a serious injury or illness, the Company requires that the employee obtain a certification completed by an authorized health care provider of the covered servicemember.

Failure to timely provide the required certification may result in the denial of foreseeable leave until such certification is provided. In the case of unforeseeable leaves, failure to timely provide the required certification may result in a denial of the employee’s continued leave. 

Fitness for Duty Certification

The Company requires that an employee seeking to return to work following leave due to the employee’s own serious health condition provide certification from the employee’s health care provider that the employee is able to come back to work and is able to perform the essential functions of the employee’s job. The Company may delay restoring the employee to employment or terminate the employee without such certification.

Company Notification of Eligibility and Designation of Leave

The Company will inform employees requesting leave whether they are eligible under FMLA and if not eligible, will provide a reason for the ineligibility. The Company also will inform employees if leave will be designated as FMLA-protected leave and the amount of leave counted against the employee’s FMLA leave entitlement. 

Employee Benefits

Workers' Compensation and Safety on the Job

You are protected by Workers' Compensation Insurance under state law. This insurance covers you in case of occupational injury or illness by providing, among other things, medical care and compensation and temporary or other disability benefits.

Steps to Take If You Are Injured on the Job

To ensure that you receive any workers' compensation benefits to which you may be entitled, you must do all of the following:

• Immediately report any work-related injury to your supervisor. You must report the injury at the time it happens, not several days later.
• Seek medical treatment and follow-up care if required.
• Failure to timely follow these steps may negatively affect your ability to receive benefits.

Return to Work

If you require workers' compensation leave, you will—under most circumstances—be reinstated to the same position that you held at the time your leave began, or to an equivalent position, if available. However, you must first submit an approved medical certificate demonstrating your ability to return to work.

When returning from a workers' compensation leave you have no greater right to reinstatement than if you had been continuously employed rather than on leave. For example, if you would have been laid off had you not been on leave, or if your position is eliminated, and no equivalent or comparable positions are available, then you may not be entitled to reinstatement. These are only examples. The Company does not discriminate against employees who suffer a workplace injury or illness.

Overlap With Other Laws

Company will account for other leave laws and workplace disability laws that might also apply to your situation, such as the ADA and FMLA. If, after returning from a workers' compensation leave, it is determined that you are unable to perform the essential functions of your position because of a qualifying disability, you may be entitled to a reasonable accommodation, as governed by the Americans with Disabilities Act and/or applicable Arizona laws covering disabilities in the workplace.

Safety and Health

To help us maintain a safe workplace, everyone must be safety-conscious at all times. You are encouraged to report all work-related injuries or illnesses as soon as possible. To encourage employees to report work-related injuries or illnesses, Employer has a process by which all employees should report work-related injuries or illnesses, which is outlined below.

Process for Reporting Work-Related Injuries or Illnesses to Employer

Report any work-related injuries or illnesses to your direct supervisor.

Professionalism

Company expects every person in the workplace to act with honesty and integrity and treat every other person with dignity, respect, courtesy and civility as befits a professional workplace. Denigrating, rude, or bullying behavior is not permitted. Such behavior may lead to discipline, up to and including termination of employment.

Health Insurance

On the first day of the month following an employee’s 30th day of employment, full-time employees (30 + hours per week) are eligible for a comprehensive health insurance program for themselves and their families. The program includes the following:

• Health, Dental, and Vision insurance
• Health Savings Account
• Flexible Spending Accounts for both Health and Dependent Care
• Life/AD&D insurance
• Disability Insurance
• Accident Insurance, Critical Illness Insurance
• Pet Insurance
• Identity Theft and Fraud Prevention
• Lega Plan Benefits

Employee Assistance Plan (all employees and their family member are eligible) Please see the Benefit Guide for costs and other details if you are interested in participating. 

Miscellaneous Policies

Alcohol/Drug Use, Abuse and Testing

Our company works to maintain a safe and efficient work environment for all individuals associated with us. Employees who misuse controlled substances, prescription or illegal drugs, recreational marijuana, or alcoholic beverages pose a risk both to themselves and to everyone who comes into contact with, or depends upon them, and risks damage to the company's customer relationships.

This policy applies to all employees (except where noted in this policy or where it is inconsistent with applicable law) and applicants for employment. This policy revises and supersedes all previous drug and alcohol testing policies and practices.

The following conduct is prohibited and may result in disciplinary action up to and including termination:

1. Possession, sale and/or use of drugs on company, while in uniform, while on company or work- related travel, or while on company business;
2. Failure of an employee to notify company of a conviction under any criminal drug or alcohol statute within five days of the conviction;
3. Possession and/or consumption of recreational marijuana or being under the influence of same during work hours, while in uniform or on company premises, or while operating a company vehicle (or while operating a personal vehicle in connection with the performance of company business), or while performing job functions other than at the employee's home.
4. Possession and/or consumption of alcoholic beverages or being under the influence of alcohol during work hours, while in company-branded clothing or on company premises, or while operating a company vehicle (or while operating a personal vehicle in connection with the performance of company business), or while performing job functions other than at the employee's home.
5. Being under the influence of drugs while on duty, on company premises, on company time, while in uniform, while on company business, or while operating a company vehicle (or while operating a personal vehicle in connection with the performance of company business);
6. Refusing to cooperate with any and all tests required by this policy. This includes, but is not limited to, tampering with, or attempting to tamper with, a specimen sample, using chemicals or other ingredients to mask or otherwise cover up the presence of metabolites, drugs or alcohol in a specimen, or providing a blood or urine specimen that was produced by anyone other than the employee being tested.

An employee who uses prescription or over-the-counter drugs that may impair the employee's ability to safely perform the job, or that may affect the safety or well-being of others, must notify a supervisor of such use immediately before starting or resuming work. Employees are asked to report when they observe or are informed, and have reasonable grounds to believe, that another employee is under the influence of alcohol or drugs while on duty, on company premises, on company time, while in uniform, while on company business, or while operating a company vehicle (or while operating a personal vehicle in connection with the performance of company business).

In order to implement this policy, the company will:

1. Subject applicants to a drug and/or alcohol test as required by federal law;
2. Test employees reasonably suspected of using drugs, recreational marijuana, or alcohol, as permitted by law;
3. Discipline or discharge employees who test positive or otherwise violate this policy.

In order to enforce this policy, the company reserves the right to conduct searches of company property or employees and/or their personal property, and to implement other measures necessary to deter and detect abuse of this policy. Any employee who refuses to consent to such searches may be expelled from the property and subjected to discipline, up to and including termination.

Failure to abide by any provision in this policy will result in disciplinary action up to and including termination.

Compliance with Arizona Medical Marijuana Act ("AMMA")

Unless a failure to do so would cause Company to lose a monetary or licensing-related benefit under federal law or federal regulations, Company will not discriminate against a person in hiring, termination or imposing any term or condition of employment or otherwise penalize a person based upon either:

The person's status as a cardholder under the AMMA; or

An AMMA-registered qualifying patient's positive drug test for marijuana components or metabolites, unless the patient used, possessed, or was impaired by marijuana on the premises of the place of employment or during the hours of employment. A registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana that would appear in insufficient concentration to cause impairment.

Registered cardholders under the Arizona Medical Marijuana Act may not: (a) possess marijuana on any Company work place; (b) ingest marijuana in any Company work place or during working hours (including during meal periods and rest breaks); or (c) work while under the influence of marijuana.

Cell Phone/Smart Phone Usage

This policy applies to employee use of cell phones, smart phones (including iPhones, Android devices, and similar devices), PDAs, and similar telecommunication devices, all of which are referred to as "cell phones" in the Cell Phone Policy. 

Cell Phones in General (both Company-provided and personal cell phones)

Employees are allowed to bring cell phones to work with them. During working hours, however, employees are not permitted to use their cell phones for personal use except in an emergency or during a rest break or meal period. Employees who use personal or Company-provided cell phones to communicate with another Company employee for any reason may not violate the Company's policies against harassment. Thus, employees who use a cell phone to send a text or instant message to another employee (or to a customer) that is harassing or otherwise violating the Company's anti-harassment policies will be subject to discipline up to and including discharge.

Employee Use of Personal Cell Phones

Employees are allowed to bring cell phones to work with them. During working hours, however, employees are not permitted to use their cell phones for personal use except in an emergency or during a rest break or meal period.

Employee Use of Cell Phones With Cameras

Cameras of any type, including cell phones with built-in cameras and video photography devices, may not be used apart from work-related purposes while an employee is working, but may be used during rest breaks or meal periods.

Cell Phone Use While Driving

The use of a cell phone while driving may present a hazard to the driver, other employees and the general public. This policy is meant to ensure the safe operation of Company vehicles and the operation of private vehicles while an employee is on work time. It applies equally to the usage of employee- owned cell phones and phones provided by Company.

Employees are prohibited from using hand-held cell phones for any purpose while driving on Company- authorized or Company-related business. This policy also prohibits employees from using a cell phone or other device to send or receive text or "instant" messages while driving on Company business. Should an employee need to make a business call while driving, the employee must locate a lawfully designated area to park and make the call. Employees may use hands-free cell phones or devices to make business calls. Such calls should be kept short and should the circumstances warrant (for example, heavy traffic, bad weather), the employee should locate a lawfully designated area to park to continue or make the call, even if the employee is using a hands-free device. Violation of this policy will subject the employee to discipline, up to and including termination.

Use of Company Email and Computer Equipment

The Company uses multiple types of electronic equipment, facilities and services for producing documents, research and communication including, but not limited to computers, email, telephones, voicemail, fax machines, online services, cell phones (including text messaging) and the Internet. This policy governs the use of such Company property.

Ownership

All information and communications in any format, stored by any means on the Company's electronic equipment, facilities or services is the sole property of the Company.

Use

All of the Company's electronic equipment, facilities and services are intended to be used for Company business purposes only and not for personal matters. Access to the Internet, Web sites and other services paid for by the Company are to be used for Company business only.

Scanning for Viruses

Viruses can be attached to any file including email attachments. All incoming documents and attachments (whether sent electronically or provided on disk or other electronic media) must be scanned with the Company's antivirus software. Any virus detected must be reported to company leadership even if the virus detection software appears to have corrected the problem.

Retention

In most cases, electronic communications should be deleted after they are read. When appropriate, electronic communications should be printed and placed in the files of the Company to which the communication relates.

Inspection and Monitoring

All information and communications in any format, stored by any means on Company's electronic equipment, facilities or services are subject to inspection at any time without notice. Personal passwords may be used for purposes of security, but the use of a personal password does not affect Company's ownership of the electronic information or Company's right to inspect such information to the extent allowed by law. Company reserves the right to access and review electronic files, messages, email, voicemail and other such material to monitor the use of all of Company's electronic equipment, facilities and services, including all communications and internet usage and resources visited to the extent allowed by law.

Personal Hardware and Software

Employees may not install personal hardware and software on the Company's computer systems without approval from. company leadership. Our official policy is that all software installed on the Company's computer systems must be licensed.

Unauthorized Access

Employees are not permitted unauthorized access to the electronic communications of other employees or third parties unless directed to do so by Company management. No employee can examine, change or use another person's files, output or user name unless they have explicit authorization.

Security

Many forms of electronic communication are not secure. Employees who use cell phones, cordless phones, fax communications or email sent over the Internet should be aware that such forms of communication are subject to interception and these methods of communicating should not be used for privileged, confidential, trade secret or sensitive information unless appropriate encryption measures are implemented.

Inappropriate Websites

Company's electronic equipment, facilities or services must not be used to visit Internet sites that contain obscene materials, or materials that would otherwise violate Company's policies on harassment and discrimination.

Confidentiality

During the course of your employment with Company, you may be exposed to confidential information regarding Company or its business (e.g., customer lists and requirements, sales figures, pricing, products, business systems, R&D data, etc.). You may even from time to time receive phone calls and inquiries from the press, manufacturers' sales representatives, and other outside parties asking for the Company's perspective or thoughts on our expanding role in new markets. Maintaining the confidentiality of Company's nonpublic business information is extremely important to our competitive position in the industry and, ultimately, to our ability to achieve financial success and provide employment stability.

You must protect all of Company's confidential business information, or other proprietary company information, by safeguarding it when in use, filing it properly when not in use, and discussing or otherwise disclosing it only with or to those who have a legitimate need to know related to Company's business. Employees may not post or disclose the confidential business information described in the first paragraph of this policy on the Internet.

Events may occur that will draw attention to Company or cause others to ask questions that raise confidential business information regarding the Company. It is imperative that one person speaks for the Company to deliver an appropriate message, to avoid revealing the confidential business information described above, and to avoid giving misinformation. To best serve these objectives, the Company will respond to the news media in a timely and professional manner only through designated spokespersons or representatives.

Employment of Relatives

In general, the Company avoids hiring family members due to the potential of conflicts of interest. Family members may be considered for employment on a case-by-case basis, however, family members may never report to one another. Should such a situation develop, due to marriage or cohabitation, efforts will be made to accommodate the individuals involved, keeping in mind that business necessity is priority.

Performance Evaluation

We believe it is important that all employees know what is expected of them and how they are doing. Your supervisor is continuously evaluating your job performance. Day-to-day interaction between you and your supervisor should give you a sense of how your performance is perceived. Unless other arrangements have been made, performance evaluations will be conducted annually, on or about each employee’s anniversary date. New employees may be reviewed more frequently. A review may also be conducted in the event of a promotion or change in duties and responsibilities.

The primary reason for performance reviews is to identify and encourage you in your strengths as well as discuss opportunities for growth. This is a good time to discuss your interests and future goals. Your supervisor is interested in helping you to progress to achieve personal and professional goals—perhaps your supervisor can recommend further training or additional opportunities for you.

Electronic and Social Media Advertising

As the Company seeks to maintain and improve our public presence, we do post photos and videos of our products on social media. The photos and videos may include our employees in action. If you are uncomfortable with being portrayed in our social media advertising, please let us know and we will try our best to accommodate your request.

Guests and Visitors

We work in an industrial environment where safety is of utmost importance when considering guests behind the production line. Children are not allowed, except for when ownership or management is giving a school tour. All other adult guests and visitors must be approved by management before entering any production area.

Dress Code and Personal Appearance

Appropriate dress and hygiene are important in promoting a positive company image to our customers and business partners. You are expected to be suitably attired and groomed during working hours or when representing the Company. Hygiene and dress must comply with Health Code standards (clean shirts and pants, close-toed non-slip shoes, aprons and hair covers, open wounds properly covered, regular washing of hands, no bare-hand contact with ready to eat foods).

The use of headphones is prohibited while in active production both for personal (being aware of hazards) and health safety purposes (accessories falling into a mix).

Outside Employment

Due to the Company’s interest in avoiding an employee taking an outside job that constitutes a conflict of interest with their position, duties, or responsibilities at the Company, employees must disclose outside employment to management. Company management, at its discretion, will determine whether the outside job represents a conflict of interest with the employee’s work at the Company.

Off Duty Use of Company Facilities

All use of Company Facilities while off work duty must be approved by management. Any off-duty use of Company facilities may not interfere with live production and cannot involve commercial yeast.

Typically, this would be for management-approved creative projects only.

Attendance and Punctuality

We depend on you and require you to arrive for your scheduled work shifts on time.

If you are unable to report to work, please contact your supervisor with as much time as possible. When you call in to inform us of an unexpected absence or late arrival, ask for your supervisor directly. For late arrivals, please indicate when you expect to arrive for work. Notifying a fellow employee is not acceptable. If you are unable to call in yourself because of an illness, emergency or for some other reason, be sure to have someone call on your behalf. If your supervisor is not available when you call, you may leave the information with another member of management.

In the event you must be absent from work because of an illness or accident that exceeds three (3) consecutive calendar days, your supervisor may request that you obtain a release from your physician stating that you have recovered sufficiently to be able to resume regular and normal work responsibilities.

Late arrivals of more than 10 minutes 2 times a week or more is grounds for disciplinary action up to and including termination.

If you are absent from work without notifying your supervisor or a member of management, you will be considered a voluntary resignation. 

Termination of Employment

Prohibited Conduct

The following conduct is prohibited and will not be tolerated by Company. Any violation of this policy may result in discipline, up to and including termination. This list of prohibited conduct is illustrative only; other types of conduct injurious to security, personal safety, employee welfare and Company's operations may also be prohibited.

• Falsification of employment or other Company records.
• Recording of work time of another employee or allowing any other employee to record your work time, or allowing falsification of any time sheets, either your own or another employee's.
• Theft or the deliberate or careless damage or destruction of any Company property, or the property of any other employee or customer.
• Unauthorized use of Company equipment, materials, or facilities.
• Being insubordinate, threatening, intimidating, disrespectful, unprofessional, or assaulting a manager/supervisor, coworker, customer, or vendor.
• Use of alcohol or illegal drugs, including marijuana, in violation of Company policy.
• Carrying firearms or other weapons on Company premises. Company accepts and encourages safe and lawful possession combined with proper training in the legal use of firearms, as governed by Arizona and Federal law.
• Engaging in criminal conduct while at work.
• Failure to notify a supervisor when unable to report to work, or when leaving work during normal working hours without permission from a supervisor to do so.
• Failure to observe work schedules, including rest and meal periods.
• Failure to provide a physician's certificate when required and requested to do so.
• Sleeping or giving the appearance of sleeping on the job when inappropriate.
• Failure to abide by Company policies regarding personal phone calls.
• Unauthorized overtime, or refusing to work assigned overtime.
• Unprofessional appearance during normal business hours.
• Violation of any safety, health, security or Company policy, rule or procedure.
• Unlawful harassment or discrimination, or harassment or discrimination that violates Company policy.

This statement of prohibited conduct does not alter Company's policy of at-will employment. Either you or Company remains free to terminate the employment relationship at any time, with or without cause or notice.

Discipline Policy

Employees are expected to perform to the best of their abilities at all times. There will be occasions, however, where employees perform at an unsatisfactory level, violate a policy, or commit an act that is inappropriate. When performance or conduct does not meet Company standards, Company will endeavor, when it deems appropriate, to provide the employee a reasonable opportunity to correct the deficiency. This can be accomplished through forms of discipline short of termination, such as verbal warnings, written warnings, suspensions, and demotions (in no particular order).

In all cases, Company retains sole discretion to determine the nature and extent of any discipline based upon the circumstances of each individual case. Accordingly, Company reserves the right to proceed directly to a written warning, demotion, or termination for misconduct or performance deficiency, without any prior disciplinary steps, when Company deems such action appropriate. And at all times, Company retains the right to terminate any employee's employment at any time and for any reason, with or without advance notice or other prior disciplinary action.

Termination Policy

If you choose to terminate your employment, Company requests that you give as much notice as possible – preferably a minimum of two weeks. When giving your two-weeks' notice, vacation, personal, or sick days should not be used in lieu of notice. If you do not give two-weeks' notice of your intent to leave the Company, you may not be eligible for re-employment at a later date.

If the employee's decision to terminate is based on a situation that could be corrected, the employee is encouraged to discuss it with his or her supervisor or the company owner before making a final decision.

Employees must return all Company property, including phones, computers, identification cards, keys, and manuals, to their supervisor on or before their last day of work.