Employee Handbook

South Pacific | Rehab Alliance

Employee Handbook

 

Property of South Pacific Rehabilitation Services, Inc. All rights reserved.

 

Introductory Statement

 

Welcome! As an employee of South Pacific | Rehab Alliance (the “Company”), you are an important member of a team effort. We hope that you will find your position with the Company rewarding, challenging, and productive.

We look to you and the other employees to contribute to the success of the Company.

This employee handbook is intended to explain the terms and conditions of employment of all employees and supervisors.

This handbook summarizes the policies and practices in effect at the time of publication.* This handbook supersedes all previously issued handbooks and any policy or benefit statements or memoranda that are inconsistent with the policies described here.

*In addition to the policies covered in this handbook, South Pacific | Rehab Alliance also maintains and incorporates by reference separate policies and procedures addressing COVID-19 in the workplace.

Please take the time to review the policies in this handbook, as well as South Pacific | Rehab Alliance’s COVID-19 policies and procedures. Your supervisor or manager will be happy to answer any questions you may have. Again, welcome!

 

Table of Contents

 

General Employment Policies ……………………………………………………………………………………………………….. 1

At-Will Employment Status ……………………………………………………………………………………………………….. 1

Harassment Discrimination and Retaliation Prevention………………………………………………………………… 1

Harassment Prevention ……………………………………………………………………………………………………………. 2

Non-Discrimination ………………………………………………………………………………………………………………….. 3

Anti-Retaliation ……………………………………………………………………………………………………………………….. 3

Reasonable Accommodation …………………………………………………………………………………………………….. 3

Complaint Process……………………………………………………………………………………………………………………. 4

Right to Revise ………………………………………………………………………………………………………………………… 5

Diversity, Equity, and Inclusion ………………………………………………………………………………………………….. 6

Introductory Period ………………………………………………………………………………………………………………….. 7

Employment Categories ……………………………………………………………………………………………………………. 7

Inactive Status …………………………………………………………………………………………………………………………. 8

Service Credit ………………………………………………………………………………………………………………………….. 8

Health Benefits Extension …………………………………………………………………………………………………………. 8

Job Duties ……………………………………………………………………………………………………………………………….. 9

Credentialing …………………………………………………………………………………………………………………………… 9

Continuing Education ……………………………………………………………………………………………………………… 10

Paid Time Off …………………………………………………………………………………………………………………………. 10

Bereavement Leave ……………………………………………………………………………………………………………….. 11

Extended Medical Leave …………………………………………………………………………………………………………. 11

Personal Leave ………………………………………………………………………………………………………………………. 12

Sick Leave ……………………………………………………………………………………………………………………………… 12

Eligible Employees …………………………………………………………………………………………………………………. 13

Sick Pay Amount…………………………………………………………………………………………………………………….. 13

Qualifying Reasons for Paid Sick Leave ……………………………………………………………………………………… 13

Use of Paid Sick Leave …………………………………………………………………………………………………………….. 14

Time Off for Voting ………………………………………………………………………………………………………………… 14

Holidays ………………………………………………………………………………………………………………………………… 15

Benefits Overview ………………………………………………………………………………………………………………….. 15

External Employee Education ………………………………………………………………………………………………….. 16

Wages ………………………………………………………………………………………………………………………………………. 17

Payment of Wages …………………………………………………………………………………………………………………. 17

Advances ………………………………………………………………………………………………………………………………. 17

Deductions for Exempt Employees …………………………………………………………………………………………… 17

Expense Reimbursements ……………………………………………………………………………………………………….. 18

Meal and Rest Periods ……………………………………………………………………………………………………………. 18

Overtime for Nonexempt Employees ……………………………………………………………………………………….. 21

Timekeeping Requirements …………………………………………………………………………………………………….. 21

Work Schedules …………………………………………………………………………………………………………………….. 22

Performance Evaluations and Raises ………………………………………………………………………………………… 23

Employee Conduct …………………………………………………………………………………………………………………….. 23

Dress Code ……………………………………………………………………………………………………………………………. 23

Conducting Personal Business …………………………………………………………………………………………………. 23

Confidential Information ………………………………………………………………………………………………………… 23

Conflicts of Interest ………………………………………………………………………………………………………………… 24

Drug and Alcohol Abuse ………………………………………………………………………………………………………….. 24

News Media Contacts …………………………………………………………………………………………………………….. 25

Other Employment ………………………………………………………………………………………………………………… 26

Political Activity ……………………………………………………………………………………………………………………… 26

Prohibited Conduct ………………………………………………………………………………………………………………… 26

Prohibited Use of Company Cell Phone While Driving ………………………………………………………………… 28

Employees Under Age 18 ………………………………………………………………………………………………………… 28

Punctuality and Attendance ……………………………………………………………………………………………………. 28

Termination …………………………………………………………………………………………………………………………… 29

Company Property …………………………………………………………………………………………………………………….. 30

Electronics and Social Media …………………………………………………………………………………………………… 30

Monitoring of Company Property …………………………………………………………………………………………….. 31

Prohibited Use ………………………………………………………………………………………………………………………. 31

Housekeeping ……………………………………………………………………………………………………………………….. 32

Smoking ………………………………………………………………………………………………………………………………… 32

Management …………………………………………………………………………………………………………………………….. 32

Employee Property ………………………………………………………………………………………………………………… 32

Employment of Relatives ………………………………………………………………………………………………………… 32

Names and Addresses Policy …………………………………………………………………………………………………… 33

Open-Door Policy …………………………………………………………………………………………………………………… 33

Personnel Records …………………………………………………………………………………………………………………. 33

Workplace Privacy – Audio/Video Recordings ……………………………………………………………………………. 34

Safety and Health ………………………………………………………………………………………………………………………. 35

Employees Who Are Required to Drive …………………………………………………………………………………….. 35

Health and Safety …………………………………………………………………………………………………………………… 35

Recreational Activities and Programs ……………………………………………………………………………………….. 35

Workplace Violence ……………………………………………………………………………………………………………….. 35

Paid Family Leave ………………………………………………………………………………………………………………………. 37

Workers’ Compensation …………………………………………………………………………………………………………….. 37

Company-Provided Physician…………………………………………………………………………………………………… 38

Workers’ Compensation and CFRA/FMLA …………………………………………………………………………………. 38

Paid Sick Leave and Workers’ Compensation Benefits ………………………………………………………………… 38

Family and Medical Leave Act ……………………………………………………………………………………………………… 39

Military Family Leave Entitlements …………………………………………………………………………………………… 39

Calculating the 12-month Period ……………………………………………………………………………………………… 40

Pregnancy, Childbirth or Related Conditions and Baby Bonding …………………………………………………… 40

Leave Procedures …………………………………………………………………………………………………………………… 41

Certification…………………………………………………………………………………………………………………………… 41

Leave Related to Military Service …………………………………………………………………………………………….. 42

Health and Benefit Plans …………………………………………………………………………………………………………. 43

Substitution of Paid Leave ………………………………………………………………………………………………………. 43

Reinstatement ……………………………………………………………………………………………………………………….. 43

Time Accrual………………………………………………………………………………………………………………………….. 44

Carryover………………………………………………………………………………………………………………………………. 44

Intermittent Leave …………………………………………………………………………………………………………………. 44

California Family Rights Act ………………………………………………………………………………………………………… 44

Qualifying Exigencies Related to Active Duty …………………………………………………………………………….. 45

Calculating the 12-month Period ……………………………………………………………………………………………… 46

Pregnancy, Childbirth or Related Conditions and Baby Bonding …………………………………………………… 46

Leave Procedures …………………………………………………………………………………………………………………… 46

Certification…………………………………………………………………………………………………………………………… 47

Leave Related to Military Service …………………………………………………………………………………………….. 48

Health and Benefit Plans …………………………………………………………………………………………………………. 48

Substitution of Paid Leave ………………………………………………………………………………………………………. 48

Reinstatement ……………………………………………………………………………………………………………………….. 48

Time Accrual………………………………………………………………………………………………………………………….. 49

Carryover………………………………………………………………………………………………………………………………. 49

Intermittent Leave …………………………………………………………………………………………………………………. 49

Pregnancy Disability Leave ………………………………………………………………………………………………………….. 49

Lactation Accommodation ………………………………………………………………………………………………………….. 51

Civil Air Patrol Leave ………………………………………………………………………………………………………………….. 52

Crime or Abuse Victims’ Leave and Accommodation ……………………………………………………………………… 53

Crime or Abuse Victims’ Leave for Treatment ……………………………………………………………………………. 54

Criminal Judicial Proceedings and Victims’ Rights Leave ……………………………………………………………… 55

Military Leave ……………………………………………………………………………………………………………………………. 55

Military Spouse Leave …………………………………………………………………………………………………………….. 55

Volunteer Civil Service Personnel …………………………………………………………………………………………….. 56

Organ and Bone Marrow Donor Leave …………………………………………………………………………………………. 56

School and Child Care Activities Leave …………………………………………………………………………………………. 57

School Appearances Involving Suspension ………………………………………………………………………………… 58

Addendums ………………………………………………………………………………………………………………………………. 59

Addendums March 13, 2024 ……………………………………………………………………………………………………. 59

General Employment Policies

At-Will Employment Status

Employees at South Pacific | Rehab Alliance are employed on an at-will basis. This means that the employment relationship may be terminated at any time with or without reason or advance notice by either the employee or the Company. Nothing in this handbook limits the right to terminate at-will employment.

No employee or representative of the Company has any authority to enter into an agreement for employment for any specified period of time or to make an agreement for employment on other than at-will terms. Only the President of South Pacific | Rehab Alliance has the authority to make any such agreement, which is binding only if it is in writing.

Nothing in this at-will statement is intended to interfere with an employee’s rights to communicate or work with others toward altering the terms and conditions of their employment, such as communications regarding wages, scheduling, or other terms of employment.

Harassment Discrimination and Retaliation Prevention

South Pacific | Rehab Alliance is an equal opportunity employer. South Pacific | Rehab Alliance is committed to providing a work environment free of harassment, discrimination, retaliation, and disrespectful or other unprofessional conduct based on:

  • Race
  • Religion (including religious dress and grooming practices)
  • Color
  • Sex/gender (including pregnancy, childbirth, breastfeeding, or related medical conditions), sex stereotype, gender identity/gender expression/transgender (including whether or not you are transitioning or have transitioned), and sexual orientation
  • National origin
  • Ancestry
  • Physical or mental disability
  • Medical condition
  • Genetic information/characteristics
  • Marital status/registered domestic partner status
  • Age (40 and over)
  • Sexual orientation
  • Military or veteran status
  • Any other basis protected by federal, state, or local law or ordinance, or regulation

1

South Pacific | Rehab Alliance also prohibits discrimination, harassment, disrespectful, or unprofessional conduct based on the perception that anyone has any of those characteristics or is associated with a person who has or is perceived as having any of those characteristics.

In addition, the Company prohibits retaliation against individuals who raise complaints of discrimination or harassment or who participate in workplace investigations.

All such conduct violates Company policy.

Harassment Prevention

The Company’s policy prohibiting harassment applies to all persons involved in the operation of the Company. The Company prohibits harassment, disrespectful, or unprofessional conduct by any employee of the Company, including supervisors, managers, and co-workers. The Company’s anti-harassment policy also applies to vendors, customers, independent contractors, unpaid interns, volunteers, persons providing services pursuant to a contract, and other persons with whom you come into contact while working.

Prohibited harassment, disrespectful, or unprofessional conduct includes, but is not limited to, the following behavior:

  • Verbal conduct such as epithets, derogatory jokes or comments, slurs, or unwanted sexual advances, invitations, comments, posts, or messages;
  • Visual displays such as derogatory and/or sexually-oriented posters, photography, cartoons, drawings, or gestures;
  • Physical conduct including assault, unwanted touching, intentionally blocking normal movement, or interfering with work because of sex, race, or any other protected basis;
  • Threats and demands to submit to sexual requests or sexual advances as a condition of continued employment, or to avoid some other loss, and offers of employment benefits in return for sexual favors;
  • Retaliation for reporting or threatening to report harassment; and
  • Communication via electronic media of any type that includes any conduct that is prohibited by state and/or federal law or by company policy.

Sexual harassment does not need to be motivated by sexual desire to be unlawful or to violate this policy. For example, hostile acts toward an employee because of their gender can amount to sexual harassment, regardless of whether the treatment is motivated by sexual desire.

Prohibited harassment is not just sexual harassment but harassment based on any protected category.

2

Non-Discrimination

The Company is committed to compliance with all applicable laws providing equal employment opportunities. This commitment applies to all persons involved in Company operations. The Company prohibits unlawful discrimination against any job applicant, employee, or unpaid intern by any employee of the Company, including supervisors and coworkers.

Pay discrimination between employees of the opposite sex or between employees of another race or ethnicity performing substantially similar work, as defined by the California Fair Pay Act and federal law, is prohibited. Pay differentials may be valid in certain situations defined by law. Employees will not be retaliated against for inquiring about or discussing wages. However, South Pacific | Rehab Alliance is not obligated to disclose the wages of other employees.

Anti-Retaliation

The Company will not retaliate against you for filing a complaint or participating in any workplace investigation or complaint process, and will not tolerate or permit retaliation by management, employees, or co-workers.

Reasonable Accommodation

Discrimination can also include failing to reasonably accommodate religious practices or qualified individuals with disabilities where the accommodation does not pose an undue hardship.

To comply with applicable laws ensuring equal employment opportunities to qualified individuals with a disability, the Company will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or an employee unless undue hardship would result.

Any job applicant or employee who requires an accommodation in order to perform the essential functions of the job should contact Human Resources and discuss the need for an accommodation. The Company will engage in an interactive process with the employee to identify possible accommodations, if any, that will help the applicant or employee perform the job. An applicant, employee, or unpaid intern who requires an accommodation of a religious belief or practice (including religious dress and grooming practices, such as religious clothing or hairstyles) should also contact Human Resources and discuss the need for an accommodation. If the accommodation is reasonable and will not impose an undue hardship, the Company will make the accommodation.

3

The Company will not retaliate against you for requesting a reasonable accommodation and will not knowingly tolerate or permit retaliation by management, employees, or co-workers.

Complaint Process

If you believe that you have been the subject of harassment, discrimination, retaliation, or other prohibited conduct, bring your complaint to your supervisor or to the

  • Any other Company supervisor
  • Human Resources
  • The Chief Operations Officer

as soon as possible after the incident. You can bring your complaint to any of these individuals. If you need assistance with your complaint, or if you prefer to make a complaint in person, contact Human Resources. Please provide all known details of the incident or incidents, names of individuals involved, and names of any witnesses. It would be best to communicate your complaint in writing, but it is not mandatory.

The Company encourages all individuals to report any incidents of harassment, discrimination, retaliation, or other prohibited conduct forbidden by this policy immediately so that complaints can be quickly and fairly resolved.

You also should be aware that the Federal Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing investigate and prosecute complaints of prohibited harassment, discrimination, and retaliation in employment. If you think you have been harassed or discriminated against or that you have been retaliated against for resisting, complaining, or participating in an investigation, you may file a complaint with the appropriate agency. The nearest office can be found by visiting the agency websites at www.dfeh.ca.gov and www.eeoc.gov.

Supervisors must refer all complaints involving harassment, discrimination, retaliation, or other prohibited conduct to Human Resources of the Company so the Company can try to resolve the complaint.

When the Company receives allegations of misconduct, it will immediately undertake a fair, timely, thorough, and objective investigation of the allegations in accordance with all legal requirements. The Company will reach reasonable conclusions based on the evidence collected.

4

The Company will maintain confidentiality to the extent possible. However, the Company cannot promise complete confidentiality. The employer’s duty to investigate and take corrective action may require the disclosure of information to individuals with a need to know.

Complaints will be:

  • Responded to in a timely manner
  • Kept confidential to the extent possible
  • Investigated impartially by qualified personnel in a timely manner
  • Documented and tracked for reasonable progress
  • Given appropriate options for remedial action and resolution
  • Closed in a timely manner

If the Company determines that harassment, discrimination, retaliation, or other prohibited conduct has occurred; appropriate and effective corrective and remedial action will be taken in accordance with the circumstances involved. The Company will also take appropriate action to deter future misconduct.

Any employee determined by the Company to have engaged in harassment, discrimination, retaliation, or other prohibited conduct will be subject to appropriate disciplinary action, up to, and including termination. Employees should also know that if they engage in unlawful harassment, they can be held personally liable for the misconduct.

Right to Revise

This employee handbook contains the employment policies and practices of South Pacific | Rehab Alliance in effect at the time of publication. All previously issued handbooks and any inconsistent policy statements, or memoranda are superseded.

South Pacific | Rehab Alliance reserves the right to revise, modify, delete, or add to any and all policies, procedures, work rules, or benefits stated in this handbook at any time, except for the policy of at-will employment.

Any written changes to this handbook will be distributed to all employees so that you will be aware of any new policies or procedures. No oral statements or representations can in any way alter the provisions of this handbook.

This handbook contains the entire agreement between you and South Pacific | Rehab Alliance as to the duration of employment and the circumstances under which employment may be terminated. Nothing in this employee handbook or any other personnel document, including benefit plan descriptions, creates or is intended to create a promise or representation of continued employment for any employee.

5

Nothing in this statement is intended to interfere with your right to communicate or work with others toward altering the terms and conditions of your employment, such as communications regarding wages, scheduling, or other terms or conditions of employment.

Diversity, Equity, and Inclusion

South Pacific | Rehab Alliance is committed to fostering a diverse workforce, and maintaining a workplace that is equitable, inclusive, and safe for all employees. From recruiting practices, to pay and benefits, promotions, and all other aspects of employment with us, an environment of equity is of the utmost importance.

We not only recognize that you, our employees, comprise a wide range of backgrounds and characteristics, but we believe those differences should be celebrated and valued. Whether it’s race, religion, gender, national origin, ancestry, color, language, age, marital status, sexual orientation, gender identity, gender expression, physical or mental disability, medical condition, genetic information/characteristics, veteran status, political affiliation, or any other characteristic, these are parts of each of you that contribute to your experiences as humans, and ultimately to the knowledge and expertise that make you a valuable asset to the Company.

South Pacific | Rehab Alliance is committed and determined that there is access, opportunity, and advancement for all individuals. We are always looking for ways in which we can cultivate an inclusive work environment, strengthen our cultural competency, and train our managers and employees to provide opportunities for growth and development.

It is our intention that all our employees, regardless of any particular background or characteristic, are always treated with respect and dignity. Likewise, we expect that as our employees, you treat your coworkers, supervisors, and other team members with the same dignity and respect at all times.

Disrespect, inappropriate behavior or conduct toward others will not be tolerated and may subject an employee to disciplinary action, up to and including termination.

If you feel you have been mistreated, harassed, discriminated, or retaliated against in violation of the Company’s Harassment, Discrimination and Retaliation Prevention policy, please contact your supervisor or Human Resources, any other Supervisor, or the Chief Operations Officer.

6

Introductory Period

The first ninety (90) days of continuous employment for all newly hired, rehired, and promoted employees at South Pacific | Rehab Alliance is considered an introductory period. During this introductory period, South Pacific | Rehab Alliance will evaluate the new employee’s capabilities, work habits, and overall performance. The employee will have the opportunity to learn about their responsibilities, get acquainted with fellow employees, and determine whether the job meets with their expectations. This does not mean an employee will be guaranteed 90 days employment during this introductory period; dependent on the employee’s performance the employment relationship may be terminated during the introductory period.

Upon completion of the introductory period, South Pacific | Rehab Alliance will review the employee’s performance. If South Pacific | Rehab Alliance finds the employee’s performance satisfactory and decides to continue employment, the employee will be advised. The introductory period may be extended by South Pacific | Rehab Alliance for an additional period of time in order to further evaluate the employee’s performance. Completion of the introductory period doesn’t entitle an employee to remain employed by South Pacific | Rehab Alliance for any definite period of time. Both the employee and company are free at any time, with or without notice and with or without cause, to end the employment relationship. An employee continuing employment is classified according to South Pacific | Rehab Alliance employment categories dependent on their job.

Employment Categories

South Pacific | Rehab Alliance has established various categories of employment to meet its operating needs. Employees are classified as Exempt or Non-Exempt.

These terms refer to whether or not an employee is exempt from the Fair Labor Standards Act. The basis for categorization is dependent on the duties and salary of each particular job.

Exempt employees are not covered by the Fair Labor Standards Act.

Non-Exempt employees are covered by the Fair Labor Standards Act and all the protections provided for overtime and meal periods.

In addition, each employee will belong to one of the following employment categories:

7

Regular Full-time: employees who are regularly scheduled to work 30 or more hours per week. Generally, regular full-time employees are eligible for South Pacific | Rehab Alliance benefits package, subject to terms, conditions, and limitations of each benefit program.

Regular Part-time: employees who are regularly scheduled 20 hours or more but fewer than 30 hours per week. These employees may or may not be eligible for South Pacific | Rehab Alliance benefits package.

Per-Diem: employees who are not regularly scheduled to work and work on an as-needed basis. They are eligible for legally mandated benefits (such as sick time for employees in California).

The Company reserves the right to review employee classifications at any time.

Inactive Status

Employees who are on any type of leave of absence, work-related or non-work-related, that exceeds any protected state, federal, or local leave of absence will be placed on inactive status. After 6 months of inactivity, the employee will be terminated in the system.

Service Credit

South Pacific | Rehab Alliance will give service credit to employees previously employed by the Company, provided the break in service does not exceed 365 days. Generally, the break in service time will be deducted from the employee’s original service date.

Human Resources will discuss reinstatement of benefits and other length of service issues with rehired employees. Special rules apply to reinstatement of paid sick leave benefits under the California Healthy Workplaces, Healthy Families Act.

Health Benefits Extension

Unless a health benefits extension is covered by state or federal law, benefits will terminate according to our insurance carrier’s policy. Employees on inactive status may be eligible under the Consolidated Omnibus Budget Reconciliation Act (COBRA) or the California Continuation Benefits Replacement Act (Cal-COBRA) to elect to continue their health care coverage at the employee’s expense.

Contact Human Resources for more information.

8

Job Duties

During the introductory period, your supervisor will explain your job responsibilities and the performance standards expected of you. Please keep in mind that your job responsibilities may change at any time during your employment. From time to time, you may be asked to work on special projects, or to assist with other work necessary or important to the operation of your department or South Pacific | Rehab Alliance. Your cooperation and assistance in performing such additional work is expected.

South Pacific | Rehab Alliance also expects clinical employees to assist at other facilities when a need is identified. South Pacific | Rehab Alliance will do everything within their control to keep the commute distance reasonable compared to where the employee would normally report to work.

South Pacific | Rehab Alliance reserves the right, at any time, with or without notice, to alter or change job responsibilities, reassign or transfer job positions, or assign additional job responsibilities.

Credentialing

Per state law, all staff who come into contact with patients are required to be in good physical health and are safe to work in a health care environment.

To be cleared for employment, and to maintain active employment status, employees need the following credentials:

  1. A current CA license for their discipline.
  2. Valid CPR or BLS cards; those working in acute hospital settings are required to have BLS cards from the American Heart Association.
  3. Annual physical examination performed by a physician
  4. Annual 2-step PPD test*
  5. Flu shot during the flu season (October through April) or a declination form

Employees will receive emails at least 8 weeks before their credentials are set to expire. If employees do not send in their renewed credentials in time, they will be written up and given an extension of two weeks. Those employees who do not send their renewed credentials after the two-week extension, they will be suspended for one-day without pay.

* For employees who test positive on the TB skin test because of prior vaccination can replace the test with an annual QuantiFERON Gold TB test OR a chest X-ray every four years with a TB symptom review signed by a physician annually.

9

Continuing Education

All full-time therapists are entitled to yearly continuing education benefits. These include a subscription to MedBridge and an annual stipend of $400.00 to spend on professional development, including license renewal fees and CPR/BLS classes. Any reimbursement requests for in-person classes must be approved by the regional manager.

Full-time therapists also receive 8 hours of paid time off specifically to be used for continuing education. Approval by regional manager is required in advance.

Paid Time Off

If you are classified as a full-time or part-time employee, you are entitled to paid time off (PTO). Accrual commences with your first day of work and continues thereafter unless broken by an absence without pay, a leave of absence, or termination of employment.

For full-time employees, PTO will accrue to a maximum cap of 320 hours/40 days. If no PTO is taken, no further PTO will accrue until some paid time off is used.

For part-time employees (20-29 hours per week), PTO will accrue to a maximum cap of 176 hours/22 days. If no PTO is taken, no further PTO will accrue until some paid time off is used.

For full-time aides, PTO will accrue to a maximum cap of 224 hours/28 days

You become eligible to take PTO beginning on the 91st day of employment.

The minimum increment in which employees may take PTO is one half day or 4 hours. Employees may not take more than fifteen (15) consecutive days of PTO (excluding weekends) if requested every year. Employees may take up to twenty (20) consecutive days of PTO (excluding weekends) if requested every other year.

PTO requests for three (3) days or more must be submitted thirty (30) days in advance, with the exceptions of emergencies.

PTO is a flexible bank of time that you can use for any reason, including vacation, illness, care for family members or other personal matters. You will need to schedule time off with your supervisors. Specific provisions relating to paid sick leave under California’s Healthy Workplaces, Healthy Families Act, including procedures relating to notification and usage of this paid sick time, are discussed below.

10

Accrued, unused PTO is paid when your employment with the Company ends. Employees on unpaid leave do not accrue PTO. Full-time employees accrue 20 days (160 hours) of PTO per year with a maximum of 40 days (320 hours) of PTO. Rehab Aides accrue 14 days (112 hours) of PTO per year with a cap of 28 days (224 hours). Part-time employees accrue 11 days (88 hours) of PTO per year with a cap of 22 days (176 hours). When an employee accrues the maximum amount of PTO, no further PTO will accrue until time is taken off.

You may not use PTO before its accrual. You will not be paid for any time taken in excess of accrued PTO, or prior to PTO eligibility.

Your use of PTO may run concurrently with other leaves pursuant to local, state, or federal laws.

Employees of South Pacific Rehabilitations Services hired before January 1, 2012, are grandfathered with the old PTO policy. Rehab Alliance employees employed before April 1, 2021, are also considered grandfathered with the old PTO policy of Rehab Alliance.

Bereavement Leave

South Pacific | Rehab Alliance grants leave of absence to employees in the event of the death of the employee’s current spouse, registered domestic partner, child, parent, legal guardian, brother, sister, grandparent, or grandchild; or mother-, father-, sister-, brother-, son-, or daughter-in-law. An employee with such a death in the family may take up to 3 consecutive scheduled workdays off with pay with the approval of the Company. The employee’s supervisor may approve additional unpaid time off.

Extended Medical Leave

On occasion, an employee may need a medical leave of absence that extends beyond limits under any state or federal mandatory leave law. In addition, there may be circumstances when an employee needs medical leave allowed under disability laws and in accordance with this policy.

In these situations, an extended medical leave of absence may be granted for medical disabilities (other than pregnancy, childbirth, and related medical conditions) with a doctor’s written certificate of disability. Extended disability leaves will also be considered on a case-by-case basis, consistent with the Company’s obligations under federal and state disability laws.

Employees should request any leave in writing and as far in advance as possible.

11

A medical leave begins on the first day your doctor certifies that you are unable to work and ends when your doctor certifies that you are able to return to work. You need to contact Human Resources department for all necessary information to request the leave and notify your supervisor of the need for leave. When returning from a medical disability leave, you must present a doctor’s certificate declaring fitness to return to work.

Upon return from medical leave, you will be offered the same position you held at the time your leave began, if available. If your former position is not available, a comparable position will be offered. If neither the same nor a comparable position is available, your return to work will depend on job openings existing at the time of your scheduled return. South Pacific | Rehab Alliance makes no guarantees of reinstatement, and your return will depend on your qualifications for existing openings. South Pacific | Rehab Alliance will comply with any reinstatement obligations under state or federal law.

California workers’ compensation laws govern work-related injuries and illnesses. California pregnancy disability laws govern leaves taken because of pregnancy, childbirth, and related medical conditions.

An employee that needs reasonable accommodations should contact Human Resources and discuss the need for an accommodation.

Personal Leave

A personal leave of absence without pay may be granted at the discretion of South Pacific | Rehab Alliance. Requests for personal leave should be limited to unusual circumstances requiring an absence of longer than six weeks. Approved personal absences of shorter duration are not normally treated as leaves, but rather as excused absences without pay.

Sick Leave

California provides for mandatory paid sick leave under the Healthy Workplaces, Healthy Families Act (the “Act”). This paid sick leave policy is intended to comply with the requirements of the Act.

Per diem employees may accrue up to 80 hours of sick leave per year.

You cannot be discriminated or retaliated against for requesting or using accrued paid sick time. If you have any questions about paid sick leave, please contact Human Resources.

12

Eligible Employees

All employees who have worked in California for the same employer for 30 or more days within a year from the start of their employment will be entitled to paid sick time.

However, employees are not eligible to take paid sick time until they have worked for the Company for 90 days from their date of hire.

Sick Pay Amount

Eligible employees will receive sick leave as follows:

  • Eligible employees earn sick leave at the rate of one hour of paid sick time for every 30 hours worked.
  • You will need to meet the 90-day employment requirement before taking any leave.
  • Exempt employees are presumed to work 40 hours per work week for purposes of sick time accrual. If their normal work week is less than 40 hours, accrual will be based on their normal work week.
  • The Company does not pay employees for unused paid sick leave. Employees who are rehired with one year of separation from employment may be eligible for reinstatement of previously accrued and unused paid sick time.
  • Employees may earn a maximum of 80 hours paid sick time. After you have reached this maximum amount, no additional paid sick time will be earned until some or all of your accrued paid sick time is used.
  • The maximum amount of paid sick time you are allowed to use in each year is 80 hours, regardless of how much paid sick time you have earned.

Qualifying Reasons for Paid Sick Leave

Paid sick time can be used for the following reasons:

  • Diagnosis, care, or treatment of an existing health condition for an employee or covered family member, as defined below.
  • Preventive care for an employee or an employee’s covered family member. Preventive care may include self-quarantine as a result of potential exposure to COVID-19 if quarantine is recommended by civil authorities, or other situations, such as where there has been exposure to COVID-19, or where an employee has traveled to a high-risk area.
  • For certain, specified purposes when the employee is a victim of crime or abuse.

For purposes of paid sick leave, a covered “family member” includes:

  • A “child” defined as a biological, foster, or adopted child; a stepchild; or a legal ward, regardless of the age or dependency status of the child. A “child” also may be someone for whom you have accepted the duties and responsibilities of raising, even if they are not your legal child.
  • A “parent,” defined as a biological, foster, or adoptive parent; a stepparent; or a legal guardian of an employee or the employee’s spouse or registered domestic partner. A parent may also be someone who accepted the duties and responsibilities of raising you when you were a minor child, even if they are not your legal parent.
  • A spouse.
  • A registered domestic partner.
  • A grandparent.
  • A grandchild.
  • A sibling.

13

Use of Paid Sick Leave

If the need for paid sick leave is foreseeable, you must provide advance oral or written notification to your supervisor. If the need for paid sick leave is not foreseeable, provide notice to your supervisor as soon as practical.

Per-diem employees may only use sick time IF they are scheduled to work on those days only. No sick time will be paid for unscheduled time.

Use of paid sick time may run concurrently with other leaves under local, state, or federal law. Paid sick leave can be used in half-hour increments.

Paid sick leave is a benefit that also covers absences for work-related illness or injury. Employees who have a work-related illness or injury are covered by workers’ compensation insurance. However, workers’ compensation benefits usually do not cover absences for medical treatment. When you report a work-related illness or injury, you will be sent for medical treatment, if treatment is necessary. You will be paid your regular wages for the time you spend seeking initial medical treatment.

Any further medical treatment will be under the direction of the health care provider. Any absences from work for follow-up treatment, physical therapy, or other prescribed appointments will not be paid as time worked. If you have accrued and unused paid sick leave, you may use paid sick leave to receive pay for these absences.

Time Off for Voting

If you do not have sufficient time outside of working hours to vote in an official statewide election, you may take off enough working time to vote, including up to two hours off without loss of pay. This time should be taken at the beginning or the end of the regular working shift, whichever allows for more free time for voting and the least time off work. If you know or have reason to believe that time off will be necessary to be able to vote on election day, you must give your supervisor at least two working days’ notice.

14

Holidays

South Pacific | Rehab Alliance corporate office observes the following holidays:

  • New Year’s Day
  • Memorial Day
  • Independence Day
  • Labor Day
  • Thanksgiving Day
  • Christmas Day

When a holiday falls on a Saturday or Sunday, it is usually observed on the preceding Friday or the following Monday, thus the corporate offices will be closed.

South Pacific | Rehab Alliance does not offer paid holidays to therapy staff. If you want to take an observed holiday off and you are a full-time employee, you may request the day off using your PTO through the normal PTO request process.

The Company does offer time and a half Holiday rate for full-time employees, but the employee must work the workday before and the workday after the Holiday to receive that pay. For example, to get Holiday pay on Labor Day, the employee must work the Friday before and the Tuesday following Labor Day.

Benefits Overview

South Pacific | Rehab Alliance is committed to providing the following benefits for eligible employees. Benefit eligibility may be dependent upon your employee classification (full-time versus part-time, for example) and on length of continuous employment at South Pacific | Rehab Alliance. Benefit eligibility requirements may also be imposed by the plans themselves.

Upon becoming eligible for certain employee benefit plans, you will receive a Benefit’s Guide that describes the benefits in greater detail. For information regarding employee benefits and to answer any questions you may have, please contact Human Resources.

The Company reserves the right to modify, amend, or terminate benefits and to modify or amend eligibility requirements at any time and for any reason, subject to any legal restrictions.

The Company offers the following employee benefits:

  • Health Insurance
  • Dental Insurance
  • Vision Insurance
  • Flexible Spending/Cafeteria 125
  • Health Savings Account
  • Section 105 reimbursement
  • Various Voluntary Plans
  • 401k

15

External Employee Education

Some employees may need to attend training programs, seminars, conferences, lectures, meetings, or other outside activities for the benefit of South Pacific | Rehab Alliance or the individual employees. Attendance at such activities, whether required by the Company or requested by individual employees, requires the written approval of the general manager. To obtain approval, any employee wishing to attend an activity must submit a written request detailing all relevant information, including date, hours, location, cost, expenses, and the nature, purpose, and justification for attendance.

Attendance at any such event is subject to the following policies on reimbursement and compensation. For attendance at events required or authorized by the Company, customary and reasonable expenses will be reimbursed upon submission of proper receipts. Acceptable expenses generally include registration fees, materials, meals, transportation, and parking.

Reimbursement policies regarding these expenses should be discussed with the general manager in advance.

Employee attendance at authorized outside activities will be considered hours worked for non-exempt employees and will be compensated in accordance with normal payroll practices.

This policy does not apply to an employee’s voluntary attendance, outside of normal working hours, at formal or informal educational sessions, even if such sessions generally may lead to improved job performance. While South Pacific | Rehab Alliance generally encourages all employees to improve their knowledge, job skills, and promotional qualifications, such activities do not qualify for reimbursement or compensation under this policy unless prior written approval is obtained as described previously.

16

Wages

Payment of Wages

Paystubs are available on the Company’s HRIS and Payroll website. If you observe an error on your check, please report it immediately to your supervisor or the payroll administrator.

Paydays are scheduled on the 8th and 22nd of the month, or the last workday before the 8th and 22nd for the semi-monthly pay periods ending on the last day of the month and the 15th, respectively. If a regular payday falls on a weekend or holiday, you will be paid on the preceding business day.

South Pacific | Rehab Alliance offers direct deposit. You may begin and stop direct deposit at any time. To begin direct deposit, you can fill in your information on our HRIS and Payroll system. Please note that the first check will still run through prenote; meaning, you will receive a live check while your account information is verified. You should carefully monitor your payroll deposit statements for the first two pay periods after the service begins.

To stop direct deposit, you can log on your our HRIS and Payroll system and deactivate your account.

Advances

South Pacific | Rehab Alliance does not permit advances against paychecks or against unaccrued vacation.

Deductions for Exempt Employees

Employees paid on a “salary basis” regularly receive a predetermined amount of compensation each pay period. Subject to the exceptions listed below, exempt employees will receive full salary for any work week in which they perform any work, regardless of the number of days or hours worked. Exempt employees may not be paid for any work week in which they perform no work, subject to South Pacific | Rehab Alliance benefits programs and policies.

No deductions from salary may be made for time when work is not available, provided the exempt employee is ready, willing, and able to work. Deductions from pay are permissible when an exempt employee:

  • Is absent from work for one or more full days for personal reasons other than sickness or disability;
  • Is absent for one or more full days due to sickness or disability if the deduction is made in accordance with a bona fide plan, policy, or practice of providing full compensation for salary lost due to illness and the employee has exhausted their leave under this policy;
  • Is absent for jury duty or military duty for a full week and performs no work during the week;
  • Works less than a full week during the initial or final week of employment;

17

If an employee is only working a portion of their regular work day for personal reasons, the employer may require or the employee may request to take a partial day deduction from any available accrued vacation leave balance. If an employee is only working a portion of their regular work day due to illness, the employee may request to take a partial day deduction from any available accrued sick leave balance.

It is Company policy to comply with these salary basis requirements. Therefore, South Pacific | Rehab Alliance prohibits all Company managers from making any improper deductions from the salaries of exempt employees. The Company wants employees to be aware of this policy and know that the Company does not allow deductions that violate federal or state law.

If you believe that an improper deduction from your salary has been made, you should immediately report this information to your direct supervisor or to Human Resources

Reports of improper deductions will be investigated promptly. If it is determined that an improper deduction has occurred, you will be promptly reimbursed for any improper deduction made.

Expense Reimbursements

South Pacific | Rehab Alliance reimburses employees for business expenses on the 15th of each month. Employees who have expense accounts or who have incurred business expenses must submit required receipts and the Request for Reimbursement to Accounts Payable no later than the 5th of each month.

If you have any questions about the Company’s expense reimbursement policy, contact Accounts Payable.

Meal and Rest Periods

Rest Breaks

All nonexempt employees are entitled to uninterrupted rest break periods during their workday. If you are a non-exempt employee, you will be paid for all such break periods, and you will not clock out.

18

Number of Rest Breaks

You will be authorized and permitted one (1) 10-minute net rest break for every four (4) hours you work (or major fraction thereof, which is defined as any amount of time over two [2] hours). A rest break need not be authorized for employees whose total daily work time is less than three and one half (3.5) hours.

You will be relieved of all duty during your rest break periods. You are free to come and go as you please and are free to leave the premises. You are expected to return to work promptly at the end of any rest break.

If you work a shift from three and one-half (3.5) to six (6) hours in length you will be entitled to one (1) ten-minute rest break. If you work more than six (6) hours and up to 10 hours, you will be entitled to two (2) ten-minute rest breaks. If you work more than 10 hours and up to 14 hours, you will be entitled to three (3) ten-minute rest breaks.

Timing of Rest Breaks

You are authorized and permitted to take a rest break in the middle of each four-hour work period.

Meal Period

All nonexempt employees will be provided an uninterrupted unpaid meal period of at least 30 minutes if you work more than five (5) hours in a workday. You must clock out and back in for your meal period. You will be permitted a reasonable opportunity to take this meal period, and you will be relieved of all duty. During your meal period, you are free to come and go as you please and are free to leave the premises. You are expected to return to work promptly at the end of any meal period.

If your total work period for the day is more than five hours per day but no more than six hours, you may waive the meal period. This cannot be done without the mutual consent of you and your supervisor. You must discuss any such waiver with your supervisor in advance.

The meal waiver form has been provided to all Directors of Rehab and must be filled for each meal period waived.

Per CA law, the Company must pay a one (1) hour meal penalty to the employee if a meal break is missed, not taken on time, or is less than thirty (30) minutes. There are, however, penalties for the employee for not following the law on the meal breaks as well:

19

First offense: a verbal warning from Regional Manager. Second offense: a write up from Human Resources. Third offense: one-day suspension, without pay or PTO.

Timing of Meal Period

Your meal period will be provided no later than the end of your fifth hour of work. For example, if you begin work at 8:00 a.m., you must start your meal period by 12:59 p.m. (which is before the end of your fifth hour of work).

8 am to 9 am – end of 1st hour

9 am to 10 am – end of 2nd hour

10 am to 11 am – end of 3rd hour

11 am to 12 pm – end of 4th hour

12 pm to 1 pm – end of 5th hour

Your meal period may be scheduled by your supervisor.

Second Meal Period

If you work more than 10 hours in a day, you will be provided a second, unpaid meal period of at least 30 minutes. Again, you must clock out and back in for your meal period. You will be permitted a reasonable opportunity to take this meal period, and you will be relieved of all duty. There will be no control over your activities during your meal period. During your meal period, you are free to leave the premises and are free to come and go as you please. You are expected to return to work promptly at the end of any meal period.

Timing of Second Meal Period

This second meal period will be provided no later than the end of your 10th hour of work. Your second meal period may be scheduled by your supervisor.

Recording Meal Periods

You must clock out for any meal period and record the start and end of the meal period. Using the “lunch” button on NetHealth, which adds a 30-minute break to your logged hours is not permitted.

Employees are not allowed to work “off the clock.” All work time must be accurately reported on your time record.

20

If for any reason you are not provided a meal period in accordance with our policy, or if you are in any way discouraged or impeded from taking your meal period or from taking the full amount of time allotted to you, please immediately notify Human Resources.

Anytime you miss a meal period that was provided to you (or you work any portion of a provided meal period), you will be required to report to your supervisor and document the reason for the missed meal period or time worked.

Please also refer to the South Pacific | Rehab Alliance Timekeeping Policy.

Overtime for Nonexempt Employees

Employees may be required to work overtime as necessary. Only actual hours worked in a given work day or work week can apply in calculating overtime. South Pacific | Rehab Alliance will attempt to distribute overtime evenly and accommodate individual schedules. All overtime work must be previously authorized by a supervisor. South Pacific | Rehab Alliance provides compensation for all overtime hours worked by non-exempt employees in accordance with state and federal law as follows:

  • All hours worked in excess of eight hours in one workday or 40 hours in one work week will be treated as overtime. A workday begins at 12:01 a.m. and ends at midnight 24 hours later. Work weeks begin each Sunday at 12:01 a.m.;
  • Compensation for hours in excess of 40 for the work week, or in excess of eight and not more than 12 for the workday, and for the first eight hours on the seventh consecutive day of work in one work week, shall be paid at a rate one and one-half times the employee’s regular rate of pay;
  • Compensation for hours in excess of 12 in one work day and in excess of eight on the seventh consecutive workday in a workweek shall be paid at double the regular rate of pay; and
  • Exempt employees may have to work hours beyond their normal schedules as work demands require. No overtime compensation will be paid to exempt employees.

Timekeeping Requirements

All nonexempt employees are required to use a Timekeeping system to record time worked for payroll purposes. All time worked must be accurately reported on your time record.

You must record your own time at the start and at the end of each work period. You must clock out for your meal period and record the start and end of the meal period.

You are not allowed to work “off the clock.” Working off the clock violates company policy. Any work performed before or after a regularly scheduled shift must be approved in advance by your supervisor. If you perform any off-the-clock work, please report the work to your supervisor.

21

You also must record your time whenever you leave the building for any reason other than South Pacific | Rehab Alliance business.

You will be required to certify that your time record is accurate.

Recording work time for another employee, allowing another employee to record time for you, or altering a timecard record is not permissible and is subject to disciplinary action.

Any errors on your timecard record should be reported immediately to your supervisor. Please also refer to South Pacific | Rehab Alliance’s Meal and Rest Break Policy.

The Time Adjustment Request Form (TARF) is a tool for employees with legitimate reasons for missing time clock punches, such as computer breakdown, power outages, or loss of internet connection. The excessive use of the TARF for reasons not listed will cause disciplinary action.

Only two consecutive TARFs are acceptable during any one-month period (2 consecutive semi-monthly pay periods).

More than three TARFs during any one-month period will result in a write-up from corporate. More than four TARFs in any one-month period will result in a one day, unpaid suspension.

Work Schedules

South Pacific | Rehab Alliance Corporate Office is normally open for business between the hours of 8 a.m. to 4:30 p.m., Monday through Friday.

For therapists, your supervisor will assign your individual work schedule. All employees are expected to be at their workstations at the start of their scheduled shifts, ready to work. It is expected that employees will be present at work no later than 9:30AM unless scheduled for a later shift. Shifts end at 8PM, unless agreed upon otherwise with the regional manager.

Exchanging work schedules with other employees is discouraged. However, if you need to exchange schedules, notify your supervisor, who may authorize an exchange if possible. Work schedule exchanges will not be approved for the mere convenience of an employee or if the exchange interferes with normal operations or results in excessive overtime. All shift changes must be approved by regional manager. The workweek begins at 12:01 a.m. Sunday and ends at midnight on Saturday.

22

Performance Evaluations and Raises

All full-time employees will be evaluated annually or at the discretion of the Regional Manager or Director of Rehab. Management will complete the job specific performance evaluation, while the employee will complete the self-assessment portion. A final copy of the performance review will be forwarded to Human Resources and included in the employee’s personnel file.

Raises are not automatic nor guaranteed, but are based on performance, date of last raise adjustment, and at the sole discretion of company management.

Employee Conduct

Dress Code

All employees are expected to present themselves in a professional, neat, and clean appearance. Acceptable clothes include scrubs, collared shirts, button-up shirts, white coat, dockers, and plain t-shirts. Jeans, yoga pants, gym clothes, hoodies, shorts, and tank tops should not be worn unless directed by the facility for a specific event. Open shoes are discouraged due to infection control policies. Employees who do not work in hospital are expected to wear their South Pacific or Rehab Alliance name tag; Human Resources will provide employees with the appropriate name tag.

Conducting Personal Business

Employees are to conduct only South Pacific | Rehab Alliance business while at work. Employees may not conduct personal business or business for another employer during their scheduled working hours.

Confidential Information

Each employee is responsible for safeguarding the confidential information obtained during employment.

In the course of your work, you may have access to trade secrets or similarly protected proprietary or confidential information regarding South Pacific | Rehab Alliance’s business (such as financial data, research and development, marketing, business plans or strategies, suppliers, business partners or customers). You have a responsibility to prevent revealing or divulging any such information unless it is necessary for you to do so in the performance of your duties or as required by law.

23

Access to, or disclosure of, confidential information should be on a “need-to-know” basis and must be authorized by your supervisor. Any breach of this policy will not be tolerated, and legal action may be taken by the Company.

This policy does not prohibit employees from confidentially disclosing trade secret, proprietary or confidential information to federal, state and local government officials, or to an attorney, when done to report or investigate a suspected violation of the law. Employees may also disclose the information in certain court proceedings if specific procedures to protect the information are followed. Nothing in this policy is intended to conflict with 18 U.S.C. sec. 1833(b) or create liability for disclosures of trade secrets that are expressly allowed by 18 U.S.C. sec. 1833(b).

Conflicts of Interest

All employees must avoid situations involving actual conflict of interest. Personal or romantic involvement with a competitor, supplier, or subordinate employee of South Pacific | Rehab Alliance, which impairs an employee’s ability to exercise good judgment on behalf of the Company, can create an actual conflict of interest. Supervisor-subordinate romantic or personal relationships also can lead to supervisory problems, possible claims of sexual harassment, and morale problems.

An employee involved in any of the types of relationships or situations described in this policy should immediately and fully disclose the relevant circumstances to their immediate supervisor, or any other appropriate supervisor, for a determination about whether an actual conflict exists. If an actual conflict is determined, South Pacific | Rehab Alliance may take whatever corrective action appears appropriate according to the circumstances. Failure to disclose facts shall constitute grounds for disciplinary action.

Drug and Alcohol Abuse

South Pacific | Rehab Alliance is concerned about the use of alcohol, marijuana, illegal drugs, or controlled substances as it affects the workplace. Use of these substances, whether on or off the job, can detract from an employee’s work performance, efficiency, safety, and health, and seriously impair Company operations. In addition, the use or possession of these substances on the job constitutes a potential danger to the welfare and safety of other employees and exposes the Company to the risks of property loss or damage, or injury to other persons.

  • The following rules and standards of conduct apply to all employees while on Company property, at work, or working on Company business. The following are strictly prohibited by Company policy:
  • Being under the influence of, or impaired by, an illegal or controlled substance, alcohol, or marijuana while on the job.
  • Using or possessing illegal or controlled substances, alcohol, or marijuana while on the job (including the illegal use of prescription drugs and possessing drug paraphernalia)
  • Distributing, selling, or purchasing of an illegal or controlled substance, alcohol, or marijuana while on the job.

24

Violation of these rules and standards of conduct will not be tolerated and will include disciplinary action up to and including termination. South Pacific | Rehab Alliance also may bring the matter to the attention of appropriate law enforcement authorities.

In order to enforce this policy, South Pacific | Rehab Alliance 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.

An employee’s conviction on a charge of illegal sale or possession of any controlled substance while off Company property will not be tolerated because such conduct, even though off duty, reflects adversely on South Pacific | Rehab Alliance. In addition, the Company must keep people who sell or possess controlled substances off Company premises in order to keep the controlled substances themselves off the premises.

South Pacific | Rehab Alliance will encourage and reasonably accommodate employees with alcohol, marijuana, or drug dependencies to seek treatment and/or rehabilitation. Employees desiring such assistance should request a treatment or rehabilitation leave. The Company is not obligated, however, to continue to employ any person whose performance of essential job duties is impaired because of drug, alcohol, or marijuana use. Additionally, employees who are given the opportunity to seek treatment and/or rehabilitation, but fail to successfully overcome their dependency or problem, will not automatically be reemployed or be given a second opportunity to seek treatment and/or rehabilitation. This policy on treatment and rehabilitation is not intended to affect the Company’s treatment of employees who violate the regulations described previously. Rather, rehabilitation is an option for an employee who acknowledges a chemical dependency and voluntarily seeks treatment to end that dependency.

News Media Contacts

Employees may be approached for interviews or comments by the news media. Only contact people designated by the President or the Chief Operating Officer may comment to news reporters on South Pacific | Rehab Alliance policy or events relevant to South Pacific | Rehab Alliance.

25

This policy does not limit your right to discuss the terms and conditions of his or her employment, or to try and improve these conditions.

Other Employment

While employed by South Pacific | Rehab Alliance, employees are expected to devote their energies to their jobs with the Company.

Employment that directly conflicts with the Company’s essential business interests and disrupts business operations is strictly prohibited.

If you wish to engage in additional employment that may create a real conflict of interest, you must submit a written request to South Pacific | Rehab Alliance explaining the details of the additional employment. If the additional employment is authorized, South Pacific | Rehab Alliance assumes no responsibility for it. South Pacific | Rehab Alliance shall not provide workers’ compensation coverage or any other benefit for injuries occurring from or arising out of additional employment. Authorization to engage in additional employment can be revoked at any time.

Political Activity

Many employees participate in political activities on their own time. Company time, facilities, property, or equipment (including all computers, networks, and electronic equipment) must not be used for your outside political activities. South Pacific | Rehab Alliance will not reimburse any employee for political contributions, and you should not attempt to receive or facilitate such reimbursements.

Absent a formal statement by South Pacific | Rehab Alliance announcing any political endorsements, you must not, through your own actions, speech, contributions, or written communication, mislead others to believe that South Pacific | Rehab Alliance officially endorses or opposes any candidates for political office that South Pacific | Rehab Alliance itself has not publicly announced. Company employees are entitled to their own personal position.

The Company will not discriminate against employees based on their lawful political activity engaged in outside of work.

Prohibited Conduct

Employees are expected to conduct themselves in a manner to further the Company’s objectives. The following conduct is prohibited and will not be tolerated by South Pacific | Rehab Alliance. This list of prohibited conduct is illustrative only; other types of conduct that threaten security, personal safety, employee welfare, and Company operations also may be prohibited and will result in disciplinary action up to and including termination.

26

  • Falsifying employment records, employment information, or other Company records;
  • Inefficient or careless performance of job responsibilities or inability to perform job duties satisfactorily;
  • Recording the work time of another employee or allowing any other employee to record your work time, or falsifying any time card, either your own or another employee’s;
  • Theft and deliberate or careless damage or destruction of any Company property, or the property of any employee or customer;
  • Removing or borrowing Company property without prior authorization;
  • Unauthorized use or misuse of Company equipment, time, materials, or facilities;
  • Provoking a fight or fighting during working hours or on Company property;
  • Participating in horseplay or practical jokes on Company time or on Company premises;
  • Carrying firearms or any other dangerous weapons on Company premises at any time;
  • Causing, creating, or participating in a disruption of any kind during working hours on Company property;
  • Insubordination, including but not limited to failure or refusal to obey the orders or instructions of a supervisor or member of management, or the use of abusive or threatening language toward a supervisor or member of management;
  • Using abusive, threatening, or intimidating language at any time on Company premises;
  • Violation of Company punctuality and attendance policies. Absences protected by state or federal law do not count as violations of this policy. Protected paid sick time under California law does not count as a violation of this policy;
  • Failing to obtain permission to leave work for any reason during normal working hours, not including meal periods;
  • Failing to observe working schedules, including rest and meal periods;
  • Sleeping or malingering on the job;
  • Making or accepting personal telephone calls, including cell phone calls, of more than three minutes in duration during working hours, except in cases of emergency or extreme circumstances;
  • Working overtime without authorization or refusing to work assigned overtime;
  • Violation of dress standards;
  • Violation of any safety, health, security or Company policy, rule, or procedure;
  • Violation of the Company’s drug and alcohol policy;
  • Committing a fraudulent act or a breach of trust under any circumstances;
  • Violating the Company’s anti-harassment or equal employment opportunity policies; and
  • Failing to promptly report work-related injury or illness.

This statement of prohibited conduct does not alter the Company’s policy of at-will employment. Either you or South Pacific | Rehab Alliance remain free to terminate the employment relationship at any time, with or without reason or advance notice.

27

Prohibited Use of Company Cell Phone While Driving

In the interest of the safety of our employees and other drivers and pedestrians on the road, South Pacific | Rehab Alliance employees are prohibited from using cell phones (including all smart phones) or other wireless communication devices (including laptops and tablets) while driving on Company business and/or Company time. This prohibition includes any use of the cell phone or other wireless communications device, such as answering or placing calls, engaging in conversations, texting, Web browsing, or using any smart phone application while driving.

If your job requires that you keep your cell phone or other wireless communication device turned on while you are driving, you must use a hands-free, voice-operated device at all times. Under no circumstances should employees place phone calls while operating a motor vehicle while driving on Company business and/or Company time. Violating this policy is a violation of law and a violation of Company rules.

Employees Under Age 18

A person under the age of 18 years is prohibited from driving a motor vehicle while using a wireless telephone, even if equipped with a hands-free device, or while using a mobile service device. The prohibition would not apply to such a person using a wireless telephone or a mobile service device for emergency purposes. Violating this policy is a violation of law and a violation of Company rules.

Writing, sending, or reading text-based communication – including text messaging, instant messaging. e-mail, web browsing and use of smart phone applications – on a wireless device or cell phone while driving is also prohibited under this policy. Violating this policy is a violation of law and a violation of Company rules.

You must also safely pull off the road before conducting Company business.

Punctuality and Attendance

As an employee of South Pacific | Rehab Alliance, you are expected to be punctual and regular in attendance. Tardiness or absences can cause problems for your co-workers and your supervisor. When you are absent, your assigned work must be performed by others.

You are expected to report to work as scheduled, on time, and prepared to start work. Employees also are expected to remain at work for their entire work schedule, except for meal periods or when required to leave on authorized Company business. Late arrivals, early departures, or other unanticipated and unapproved absences from scheduled hours are disruptive and must be avoided.

28

If you are unable to report for work on any particular day, you must provide reasonable advance notice to your supervisor before the time you are scheduled to begin working for that day. You must inform your supervisor of the expected duration of any absence. If you fail to provide reasonable advance notice before your scheduled time to begin work and do not arrive in time for your assigned shift, you will be considered tardy for that day. If the circumstances for your tardiness or absence were unforeseen, inform your supervisor as soon as practical of the reason for the tardiness or absence.

Excessive absenteeism or tardiness, providing false information or abuse of leave laws will not be tolerated. Generally, if you fail to report for work without any notification to your supervisor and your absence continues for a period of 3 days, South Pacific | Rehab Alliance will consider that you have voluntarily abandoned or quit your employment.

Absences protected by local, state, and federal law do not count as a violation of the punctuality and attendance policy. Paid sick time protected under California law does not count as a violation of this policy.

Termination

Voluntary Resignation

Voluntary resignation results when an employee voluntarily quits their employment at South Pacific | Rehab Alliance or fails to report to work for three consecutively scheduled workdays without notice to, or approval by, their supervisor (unless the absence is protected by law). All Company-owned property, including vehicles, keys, uniforms, identification badges, and credit cards, must be returned immediately upon termination of employment.

Employee References

All requests for references must be directed to the Human Resources department. No other manager, supervisor, or employee is authorized to release references for current or former employees,

29

By policy, South Pacific | Rehab Alliance discloses only the dates of employment and the title of the last position held of former employees.

Company Property

Electronics and Social Media

This policy is intended to protect the Company’s computer systems and electronic information.

For purposes of these policies, the following definitions apply: “Computers” are defined as desktop computers, laptops, handheld devices (including but not limited to iPhones, smart phones, iPads, and other electronic tablets and cell phones), and computer software/hardware and servers.

South Pacific | Rehab Alliance also uses various forms of “electronic communication.” “Electronic communications” includes e-mail, text messages, telephones, cell phones and other handheld devices (such as cell phones, smart phones, writing tablets, or iPads), fax machines, and online services including the Internet.

“Electronic information” is any information created by an employee using computers or any means of electronic communication, including but not limited to, data, messages, multimedia data, and files.

The following general policies apply:

  •  Computers and all data transmitted through South Pacific | Rehab Alliance servers are Company property owned by the Company for the purpose of conducting Company business. These items must be maintained according to South Pacific | Rehab Alliance rules and regulations. Computers must be kept clean, and employees must exercise care to prevent loss and damage. Prior authorization must be obtained before any Company property may be removed from the premises.
  • All electronic communications also remain the sole property of South Pacific | Rehab Alliance and are to be used for Company business. For example, email messages are considered Company records.
  • Electronic information created by an employee using any computer or any means of electronic communication is also the property of South Pacific | Rehab Alliance and remains the property of South Pacific | Rehab Alliance.
  • Information stored in South Pacific | Rehab Alliance computers and file servers, including without limitation Customer Lists is the property of the Company and may not be distributed outside the Company in any form whatsoever without the written permission of the President or the Chief Operating Officer.

Violation of any of the provisions of this policy, whether intentional or not, will subject South Pacific | Rehab Alliance employees to disciplinary action, up to and including termination.

30

Monitoring of Company Property

South Pacific | Rehab Alliance reserves the right to inspect all Company property to ensure compliance with its rules and regulations, without notice to the employee and at any time, not necessarily in the employee’s presence. South Pacific | Rehab Alliance computers and all electronic communications and electronic information are subject to monitoring and no one should expect privacy regarding such use. The Company reserves the right to access, review and monitor electronic files, information, messages, text messages, e-mail, Internet history, browser-based webmail systems, and other digital archives and to access, review and monitor the use of computers, software, and electronic communications to ensure that no misuse or violation of Company policy or any law occurs. E-mail may be monitored by the Company and there is no expectation of privacy. Assume that e-mail may be accessed, forwarded, read, or heard by someone other than the intended recipient, even if marked as “private.”

Employee passwords may be used for purposes of security, but the use of a password does not affect the Company’s ownership of the electronic information or ability to monitor the information. The Company may override an employee’s password for any reason.

Employees are not permitted to access the electronic communications of other employees or third parties unless directed to do so by South Pacific | Rehab Alliance management.

Prohibited Use

All existing Company policies apply to employee use of computers, electronic communications, electronic information, and the Internet. This includes policies that deal with misuse of Company assets or resources. It is a violation of South Pacific | Rehab Alliance policy to use computers, electronic communications, electronic information, or the Internet, in a manner that: is discriminatory harassing or obscene; constitutes copyright or trademark infringement; violates software licensing rules; is illegal; or is against South Pacific | Rehab Alliance policy. It is also a violation of policy to use computers, electronic communications, electronic information, or the Internet to communicate confidential or sensitive information or trade secrets.

The display of any kind of sexually explicit multimedia content, message, or document on any Company computer is a violation of the Company’s policy against sexual harassment. This description of prohibited usage is not exhaustive and it is within the discretion of South Pacific | Rehab Alliance to determine if there has been a violation of this policy. Employees that engage in prohibited use will be subject to discipline and/or immediate termination.

31

This policy is not intended to limit the ability of employees to discuss with other employees the terms and conditions of their employment, including such topics as wages, job performance, workload, supervisors, or staffing.

Housekeeping

All employees are expected to keep their work areas clean and organized. People using common areas such as lunch rooms, locker rooms, and restrooms are expected to keep them sanitary. Please clean up after meals and dispose of trash properly.

Employees must also follow all COVID-19 safety and policies and procedures at all times.

Smoking

Smoking is prohibited at this workplace. The smoking prohibition applies to all smoking devices, including, but not limited to, the use of electronic smoking devices, such as electronic cigarettes, pipes, hookah, and vaping devices.

Management

Employee Property

An employee’s personal property, including but not limited to lockers, packages, briefcases, purses, messenger bags, and backpacks, may be inspected upon reasonable suspicion of unauthorized possession of South Pacific | Rehab Alliance property, possession of dangerous weapons or firearms, or abuse of the Company’s drug and alcohol policy.

Employment of Relatives

Relatives of employees may be eligible for employment with South Pacific | Rehab Alliance only if individuals involved do not work in a direct supervisory relationship or in job positions in which there is a conflict of interest. The Company defines “relatives” as spouses, registered domestic partners, children, siblings, parents, in-laws, and step-relatives. Present employees who marry or become registered domestic partners will be permitted to continue working in the job position held only if they do not work in a direct supervisory relationship with one another or in job positions involving conflict of interest.

32

Names and Addresses Policy

South Pacific | Rehab Alliance is required by law to keep current all employees’ names and addresses. You are responsible for notifying the Company in the event of a name or address change. Please contact the Human Resources department with any changes.

Open-Door Policy

Suggestions for improving South Pacific | Rehab Alliance are always welcome. At some time, you may have a complaint, suggestion, or question about your job, your working conditions, or the treatment you are receiving. Your complaints, questions, and suggestions are important to us.

If you have a complaint, suggestion, or question, speak with your immediate supervisors as soon as possible. If you are not comfortable speaking to your immediate supervisor, please bring the issue to Human Resources or any other member of management.

Also, if you have raised the issue and if the problem persists, you may present it to Human Resources, who will investigate and provide a solution or explanation.

If the problem is not resolved, you may also present the problem to the president of South Pacific | Rehab Alliance, who will attempt to reach a final resolution.

While a written complaint will assist us in investigating your concerns, it is not required that you put your complaint in writing. If you need assistance with your complaint, or you prefer to make a complaint in person, contact Human Resources.

This procedure, which we believe is important for both you and the Company, cannot guarantee that every problem will be resolved to your satisfaction. However, South Pacific | Rehab Alliance values your observations, and you should feel free to raise issues of concern without the fear of retaliation.

Personnel Records

You have a right to inspect or receive a copy of the personnel records that South Pacific | Rehab Alliance maintains relating to your performance or to any grievance concerning you. Certain documents may be excluded or redacted from your personnel file by law, and there are legal limitations on the number of requests that can be made.

Any request to inspect or copy personnel records must be made in writing to Human Resources. You can obtain a form for making such a written request from the HR Department.

33

You may designate a representative to conduct the inspection of the records or receive a copy of the records. However, any designated representative must be authorized by you in writing to inspect or receive a copy of the records. South Pacific | Rehab Alliance may take reasonable steps to verify the identity of any representative you have designated in writing to inspect or receive a copy of your personnel records.

The personnel records may be made available to you either at the place where you work or at a mutually agreeable location (with no loss of compensation for going to that location to inspect or copy the records). The records will be made available no later than 30 calendar days from the date South Pacific | Rehab Alliance receives your written request to inspect or copy your personnel records (unless you/your representative and South Pacific | Rehab Alliance mutually agree in writing to a date beyond 30 calendar days but no later than 35 calendar days from receipt of the written request).

If you request a copy of the contents of your file, you will be charged the actual cost of copying.

Disclosure of personnel information to outside sources, other than your designated representative, will be limited. However, South Pacific | Rehab Alliance will cooperate with request from authorized law enforcement or local, state, or federal agencies conducting official investigations and as otherwise legally required.

Workplace Privacy – Audio/Video Recordings

Due to concerns regarding the potential for invasion of privacy, sexual or other harassment, and protection of proprietary or confidential information, employees may not use any audio or video recording devices while on working time. You also may not use any audio or video recordings in work areas that South Pacific | Rehab Alliance has identified as confidential, secure, or private, unless you are engaged in protected activity related to improving the terms and conditions of your employment, such as documenting health and safety issues.

34

Safety and Health

Employees Who Are Required to Drive

Employees whose job duties require them to drive a Company vehicle or their own vehicles for Company business will be required to show proof of current valid driving licenses and proof of insurability under the Company’s policy or current effective insurance coverage before the first day of employment.

If an employee is required to drive as part of their job, South Pacific | Rehab Alliance retains the right to transfer to an alternative position, suspend, or terminate an employee whose license is suspended or revoked, or who fails to maintain personal automobile insurance coverage or who is uninsurable under the Company’s policy.

Employees who drive their own vehicles on Company business will be reimbursed at the rate of 0.38 per mile.

Health and Safety

All employees are responsible for their own safety, as well as that of others in the workplace. To help us maintain a safe workplace, everyone must be safety-conscious at all times. Report all work-related injuries or illnesses immediately to your supervisor or to the Human Resources department. In compliance with California law, and to promote the concept of a safe workplace, South Pacific | Rehab Alliance maintains an Injury and Illness Prevention Program. The Injury and Illness Prevention Program is available for review by employees and/or employee representatives in Policy & Procedure handbook provided to Directors of Rehab.

In compliance with Proposition 65, South Pacific | Rehab Alliance will inform employees of any known exposure to a chemical known to cause cancer or reproductive toxicity.

Recreational Activities and Programs

South Pacific | Rehab Alliance or its insurer will not be liable for payment of workers’ compensation benefits for any injury that arises out of an employee’s voluntary participation in any off-duty recreational, social, or athletic activity that is not part of the employee’s work-related duties.

Workplace Violence

South Pacific | Rehab Alliance has adopted the following workplace violence policy to ensure a safe working environment for all employees.

35

The Company has zero tolerance for acts of violence and threats of violence. Without exception, acts and threats of violence are not permitted. All such acts and threats, even those made in apparent jest, will be taken seriously, and will lead to discipline up to and including termination.

Possession of non-work related weapons on Company premises and at Company-sponsored events shall constitute a threat of violence.

It is every employee’s responsibility to assist in establishing and maintaining a violence-free work environment. Therefore, you are expected and encouraged to report any incident which may be threatening to you or your co-workers or any event which you reasonably believe is threatening or violent.

You may report an incident to any supervisor or manager.

A threat includes, but is not limited to, any indication of intent to harm a person or damage Company property. Threats may be direct or indirect, and they may be communicated verbally or nonverbally. The following are examples of threats and acts that shall be considered violent. This list is in no way all-inclusive:

Example

Type of Threat

Saying, “Do you want to see your next birthday?”

Indirect

Writing, “Employees who kill their supervisors have the right idea.”

Indirect

Saying, “I’m going to punch your lights out.”

Direct

Making a hitting motion or obscene gesture.

Nonverbal

Displaying weapons.

Extreme

Stalking or otherwise forcing undue attention on someone, whether romantic or hostile.

Extreme

Taking actions likely to cause bodily harm or property damage.

Acts of Violence

The Company’s workplace violence program is described in detail in the Company’s Illness and Injury Prevention Program (IIPP).

36

Paid Family Leave

Employees may be eligible for Paid Family Leave (PFL) wage replacement benefits, which are funded through payroll deductions and coordinated through the Employment Development Department (EDD). PFL provides partial pay for up to eight weeks when you need to take leave from work to:

  • To care for a parent, parent-in-law, child, spouse, registered domestic partner, grandparent, grandchild, or sibling who is seriously ill;
  • To bond with your newborn, foster child, or newly adopted child: or
  • For a qualifying exigency related to the covered active duty or call to covered active duty of your spouse, registered domestic partner, parent, or child in the Armed Forces of the United States.

The PFL program does not provide employees with a right to a leave of absence; it is limited to a state-mandated wage replacement benefit.

Workers’ Compensation

South Pacific | Rehab Alliance, in accordance with state law, provides insurance coverage for employees in case of work-related injury. The workers’ compensation benefits provided to injured employees may include:

  • Medical care;
  • Cash benefits, tax free, to replace lost wages; and
  • Assistance to help qualified injured employees return to suitable employment.

To ensure that you receive any workers’ compensation benefits to which you may be entitled, you need to:

  • Immediately report any work-related injury to your supervisor;
  • Seek medical treatment and follow-up care if required;
  • Complete a written Employee’s Claim for Workers’ Compensation Benefits (DWC Form 1) and return it to Human Resources; and
  • Provide the Company with a certification from your health care provider regarding the need for workers’ compensation disability leave, as well as your eventual ability to return to work from the leave.

Upon submission of a medical certification that an employee is able to return to work after a workers’ compensation leave, the employee under most circumstances will be reinstated to their same position held at the time the leave began, or to an equivalent position, if available. An employee returning from a workers’ compensation leave has no greater right to reinstatement than if the employee had been continuously employed rather than on leave.

37

An employee’s return depends on their qualifications for any existing openings. If, after returning from a workers’ compensation disability leave, an employee is unable to perform the essential functions of their job because of a physical or mental disability, the Company’s obligations to the employee may include reasonable accommodation, as governed by the Americans with Disabilities Act or the California Fair Employment and Housing Act.

The law requires South Pacific | Rehab Alliance to notify the workers’ compensation insurance company of any concerns of false or fraudulent claims.

Company-Provided Physician

South Pacific | Rehab Alliance provides medical treatment for work-related injuries through a medical provider network, MPN of Worker’s Compensation Carrier which the company has chosen to provide medical care to injured employees because of their experience in treating work-related injuries.

Workers’ Compensation and CFRA/FMLA

Employees who are ill or injured as a result of a work-related incident, and who are eligible for family and medical leave under state and/or federal law California Family Rights Act (CFRA) and/or Family Medical Leave Act (FMLA), will be placed on CFRA and/or FMLA during the time they are disabled and not released to return to work. The leave under these laws will generally run concurrently.

Paid Sick Leave and Workers’ Compensation Benefits

Paid sick leave is a benefit that also covers absences for work-related illness or injury. Employees who have a work-related illness or injury are covered by workers’ compensation insurance. However, workers’ compensation benefits usually do not cover absences for medical treatment. When you report a work-related illness or injury, you will be sent for medical treatment, if treatment is necessary. You will be paid your regular wages for the time you spend seeking initial medical treatment.

Any further medical treatment will be under the direction of the health care provider. Any absences from work for follow-up treatment, physical therapy, or other prescribed appointments will not be paid as time worked. If you have accrued and unused sick leave, you may choose to substitute paid sick leave for any time that would otherwise be unpaid.

38

If you do not have accrued, paid sick leave, or if you have used all of your sick leave, you may choose to substitute vacation/paid time off for further absences from worked, related to your illness or injury.

Family and Medical Leave Act

The federal Family and Medical Leave Act (FMLA) provides up to 12 work weeks of unpaid family/medical leave within a 12-month period, under the following conditions:

  • You have been employed with the Company for a total of at least 12 months prior to the commencement of leave. The 12 months of employment must have accumulated within the previous seven years (certain exceptions apply);
  • You have worked at least 1,250 hours during the previous 12-month period before the need for leave; and
  • You are employed at a worksite where there are 50 or more employees within a 75-mile radius.

Leave may be taken for one or more of the following reasons:

  • Your serious health condition that makes you unable to perform your job;
  • To care for your family member who has a serious health condition. For purposes of FMLA leave, a “family member” includes your:
    • Spouse.
    • Parent.
    • Child under the age of 18, or child over the age of 18 and incapable of self-care due to mental or physical disability at the time FMLA leave is to begin.
  • The birth of your child, or placement of a child with you for adoption or foster care;
  • Because of a qualifying exigency related to covered active duty or a call to covered active duty of your spouse, child, or parent in the Armed Forces of the United States, or to care for a covered service member. (See Military Family Leave Entitlements below.)
  • Incapacity due to pregnancy, prenatal medical care, or childbirth.

Depending on your reason for leave, you may also be eligible for California Family Rights Act (CFRA) leave, in which case both your FMLA leave and CFRA leave will run concurrently. (See the CFRA Leave policy for additional information and CFRA leave eligibility.)

For additional information about eligibility for FMLA and how it may or may not interact with CFRA leave, contact Human Resources.

Military Family Leave Entitlements

Eligible employees whose spouse, son, daughter, or parent is on covered active duty or call to covered active duty status may use their 12-week leave entitlement for certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

39

Eligible employees may also take a special leave entitlement of up to 26 weeks of leave during a single 12-month period to care for a covered service member. A covered servicemember is either:

  • A current member of the Armed forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness*; or
  • A veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.*

*The FMLA definitions of “serious injury or illness” for current servicemembers and veterans are different from the FMLA definition of “serious health condition.”

Calculating the 12-month Period

For purposes of calculating the 12-month period during which 12 weeks of family and medical leave or qualifying exigency leaves may be taken under FMLA, South Pacific | Rehab Alliance uses 12-month period measured forward from the date an employee first took family leave.

Under most circumstances, leave under federal and state law will run at the same time and an eligible employee will be entitled to a total of 12 weeks of family and medical leave in the designated 12-month period.

For leave to care for a covered service member, the 12-month period begins on the first day of the leave, regardless of how the 12-month period is calculated for other leaves. Leave to care for a covered service is for a maximum of 26 work weeks during a 12-month period.

Pregnancy, Childbirth or Related Conditions and Baby Bonding

Time off because of pregnancy disability, childbirth, or related medical condition counts as FMLA leave but not for CFRA leave. Employees who take time off for pregnancy disability and who are eligible for FMLA will be placed on FMLA that runs at the same time as their pregnancy disability leave (PDL).

Once the pregnant employee is no longer disabled, or once the employee has given birth and exhausted PDL, the employee may apply for leave under the CFRA, for purposes of baby bonding.

40

Under the FMLA, leave taken for the birth, adoption, or foster care placement of a child must be taken as a continuous block of leave unless the Company grants intermittent leave. If, however, your baby bonding leave is under both FMLA and CFRA (running concurrently), such leave does not have to be taken in one continuous period of time; CFRA leave taken for the birth or placement of a child will be granted in minimum amounts of two weeks. However, the Company will grant a request for a CFRA leave (for birth/placement of a child) of less than two weeks’ duration on any two occasions. The Company may also grant additional requests for leave lasting less than two weeks at its discretion. Any leave taken (under either FMLA or CFRA) must be concluded within one year of the birth or placement of the child with the employee.

Leave Procedures

The following procedures shall apply to FMLA leave:

  • Please contact Human Resources as soon as you realize the need for family/medical leave. If the leave is based on the expected birth, placement for adoption or foster care, or planned medical treatment for your serious health condition or that of a family member, you must notify the Company at least 30 days before leave is to begin. You must consult with your supervisor regarding scheduling of any planned medical treatment or supervision in order to minimize disruption to the operations of the Company. Any such scheduling is subject to the approval of your health care provider or the health care provider of your child, parent, or spouse.
  • If you cannot provide 30 days’ notice, the Company must be informed as soon as is practical.
  • If the FMLA request is made because of your own serious health condition, the Company may require, at its expense, a second opinion from a health care provider that the Company chooses. The health care provider designated to give a second opinion will not be one who is employed on a regular basis by the Company.
  • If the second opinion differs from the first opinion, the Company may require you, at the Company’s expense, to obtain the opinion of a third health care provider designated or approved jointly by you and the employer. The opinion of the third health care provider shall be considered final and binding on you and the Company.

Certification

South Pacific | Rehab Alliance requires you to provide certification. You will have 15 calendar days from the Company’s request for certification to provide it to the Company, unless it is not practical to do so. The Company may require recertification from the health care provider if you request additional leave upon expiration of the time period in the original certification. (For example, if you need two weeks of family and medical leave, but following the two weeks you need intermittent leave, a new medical certification will be requested and required.) If you do not provide medical certification in a timely manner to substantiate the need for family and medical leave, the Company may delay approval of the leave, or continuation thereof, until certification is received. If certification is never received, the leave may not be considered FMLA leave.

41

If the leave is needed to care for a sick family member, you must provide a certification from the health care provider stating:

  • Date of commencement of the serious health condition;
  • Probable duration of the condition;
  • Estimated amount of time for care by the health care provider; and
  • Confirmation that the serious health condition warrants your participation.

Under the FMLA, when both parents are employed by the Company, and request simultaneous leave for the birth or placement for adoption or foster care of a child, the Company will not grant more than a total of 12 work weeks of FMLA leave for this reason. However, if baby bonding leave is under both FMLA and CFRA (running concurrently), each parent employed by the Company is entitled to 12 work weeks of leave for this reason.

If your serious health condition is the reason for leave, you must provide a certification from the health care provider stating:

  • Date of commencement of the serious health condition;
  • Probable duration of the condition; and
  • Your inability to work at all or to perform any one or more of the essential functions of your position because of the serious health condition.

If you are on leave because of your own serious health condition, the Company will also require a medical release to return to work form or certification from your health care provider that you are able to resume work.

Failure to provide a release to return to work from your health care provider may result in denial of reinstatement until the certificate is obtained.

Leave Related to Military Service

A leave taken due to a “qualifying exigency” related to military service must be supported by a certification of its necessity. A leave taken due to the need to care for a service member must be supported by a certification by the service member’s health care provider or other certification allowed by law. Special certification requirements apply to leaves related to military service.

42

Health and Benefit Plans

If you are taking FMLA leave, you will be allowed to continue participating in any health and welfare benefit plans in which you were enrolled in before the first day of the leave (for a maximum of 12 work weeks, or 26 work weeks if the leave is to care for a covered service member) at the level and under the conditions of coverage as if you had continued in employment for the duration of such leave. The Company will continue to make the same premium contribution as if you had continued working. The continued participation in health benefits begins on the date leave first begins. In some instances, the Company may recover premiums paid to maintain health coverage if you fail to return to work following FMLA leave.

Employees on pregnancy disability leave will be allowed to continue to participate in group health coverage for up to a maximum of four months of pregnancy disability leave (if such insurance was provided before the leave was taken) on the same terms as if you had continued to work. The right to continued group health coverage during pregnancy disability leave is a separate and distinct entitlement from the CFRA entitlement.

Payment is due on the 25th of each month; if payment is missed, the insurance will be cancelled retroactively.

Substitution of Paid Leave

Generally, FMLA leave is unpaid. The Company may require, or you may choose, to use accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, you must comply with the Company’s normal paid leave policies. For more information on those specific circumstances requiring or allowing the substitution of paid leave contact your supervisor or Human Resources.

Reinstatement

Under most circumstances, upon return from FMLA leave, you will be reinstated to your original job or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions. However, an employee has no greater right to reinstatement than if the employee had been continuously employed rather than on leave. For example, if an employee on FMLA leave would have been laid off had the employee not gone on leave, or if the employee’s job is eliminated during the leave and no equivalent or comparable job is available, then the employee would not be entitled to reinstatement. In addition, an employee’s use of FMLA leave will not result in the loss of any employment benefit that the employee earned before using FMLA leave.

43

Reinstatement after FMLA leave may be denied to certain salaried “key” employees under the following conditions (however, this exception will not apply if the FMLA leave runs concurrently with CFRA leave):

An employee requesting reinstatement was among the highest-paid 10 percent of salaried employees employed within 75 miles of the worksite at which the employee worked at the time of the leave request;

  • The refusal to reinstate is necessary because reinstatement would cause substantial and grievous economic injury to the Company’s operations;
  • The employee is notified of the Company’s intent to refuse reinstatement at the time the Company determines the refusal is necessary; and
  • If leave has already begun, the Company gives the employee a reasonable opportunity to return to work following the notice described previously.

Time Accrual

Please contact Human Resources with any questions regarding accrual of other Company provided paid leave benefits (such as vacation, PTO, or sick leave) during unpaid FMLA leave.

Carryover

Leave granted under any of the reasons provided by FMLA and/or CFRA will be counted as family/medical leave and will be considered as part of the 12-workweek entitlement (26-work week entitlement if leave is to care for a service member) in any 12-month period. No carryover of unused leave from one 12-month period to the next 12-month period is permitted.

Intermittent Leave

You may take FMLA leave intermittently (in blocks of time, or by reducing your normal weekly or daily work schedule) if the leave is for your serious health condition or that of a qualifying family member and the reduced leave schedule is medically necessary as determined by the health care provider of the person with the serious health condition. The smallest increment of time that can be used for such leave is 1 hour.

See also the discussion of Pregnancy, Childbirth or Related Conditions and Baby Bonding above.

California Family Rights Act

California’s Family Rights Act (CFRA) provides up to 12 work weeks of unpaid family/medical leave within a 12-month period, under the following conditions:

44

  • You have been employed with the Company for a total of at least 12 months prior to the commencement of leave. The 12 months of employment must have accumulated within the previous seven years (certain exceptions apply); and
  • You have worked at least 1,250 hours during the previous 12-month period before the need for leave.
  • Leave may be taken for one or more of the following reasons:
  • Your serious health condition that makes you unable to perform your job;
  • To care for your family member who has a serious health condition. For purposes of CFRA leave, a “family member” includes your:
    • Spouse;
    • Parent;
    • Child of any age;
    • Registered domestic partner;
    • Grandparent;
    • Grandchild;
    • Sibling;
    • Parent-in-law;
  • The birth of your child, or placement of a child with you for adoption or foster care;
  • Because of a qualifying exigency related to covered active duty or a call to covered active duty of your spouse, registered domestic partner, child, or parent in the Armed Forces of the United States. (See Qualifying Exigencies Related to Active Duty below.)

Please note that incapacity due to pregnancy, prenatal medical care, or childbirth is not an eligible reason for CFRA leave. However, if you are eligible for leave under the Family Medical Leave Act (FMLA), then such leave will run concurrently with FMLA. (See Pregnancy Disability Leave and FMLA Leave policies for additional information).

If you are also eligible for leave under the FMLA, and depending on your reason for CFRA leave, FMLA may run concurrently with your CFRA leave. (See the FMLA Leave policy for additional information regarding FMLA leave eligibility).

For additional information about eligibility for CFRA leave and how it may or may not interact with FMLA leave, contact Human Resources.

Qualifying Exigencies Related to Active Duty

Eligible employees whose spouse, domestic partner, child, or parent is on covered active duty or call to covered active duty status may use their 12-week leave entitlement for certain qualifying exigencies. Qualifying exigencies may include, but are not necessarily limited to, attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

45

Calculating the 12-month Period

For purposes of calculating the 12-month period during which 12 weeks of CFRA leave may be taken, South Pacific | Rehab Alliance uses 12-month period measured forward from the date an employee first took family leave.

Pregnancy, Childbirth or Related Conditions and Baby Bonding

Leave because of a disability for pregnancy, childbirth, or related medical condition is not counted as time used under CFRA leave. Employees who take time off for pregnancy disability will be placed on pregnancy disability leave (PDL). (See Pregnancy Disability Leave policy for more information.)

If an employee is eligible for FMLA leave, then PDL will run concurrently with FMLA. (See FMLA Leave policy for additional information).

Once the pregnant employee is no longer disabled, or once the employee has given birth and exhausted PDL, the employee may apply for leave under the CFRA, for purposes of baby bonding.

Any leave taken for the birth, adoption, or foster care placement of a child does not have to be taken in one continuous period of time. CFRA leave taken for the birth or placement of a child will be granted in minimum amounts of two weeks. However, the Company will grant a request for a CFRA leave (for birth/placement of a child) of less than two weeks’ duration on any two occasions. The Company may also grant additional requests for leave lasting less than two weeks at its discretion. Any leave taken must be concluded within one year of the birth or placement of the child with the employee.

Leave Procedures

The following procedures shall apply to CFRA leave:

  • Please contact Human Resources as soon as you realize the need for family/medical leave. If the leave is based on the expected birth, placement for adoption or foster care, or planned medical treatment for your serious health condition or that of a family member, you must notify the Company at least 30 days before leave is to begin. You must consult with your supervisor regarding scheduling of any planned medical treatment or supervision in order to minimize disruption to the operations of the Company. Any such scheduling is subject to the approval of your health care provider or the health care provider of your family member.
  • If you cannot provide 30 days’ notice, the Company must be informed as soon as is practical.
  • If the CFRA request is made because of your own serious health condition, the Company may require, at its expense, a second opinion from a health care provider that the Company chooses. The health care provider designated to give a second opinion will not be one who is employed on a regular basis by the Company.
  • If the second opinion differs from the first opinion, the Company may require you, at the Company’s expense, to obtain the opinion of a third health care provider designated or approved jointly by you and the employer. The opinion of the third health care provider shall be considered final and binding on you and the Company.

46

Certification

South Pacific | Rehab Alliance requires you to provide certification. You will have 15 calendar days from the Company’s request for certification to provide it to the Company, unless it is not practical to do so. The Company may require recertification from the health care provider if you request additional leave upon expiration of the time period in the original certification. (For example, if you need two weeks of family and medical leave, but following the two weeks you need intermittent leave, a new medical certification will be requested and required.) If you do not provide medical certification in a timely manner to substantiate the need for family and medical leave, the Company may delay approval of the leave, or continuation thereof, until certification is received. If certification is never received, the leave may not be considered CFRA leave.

If the leave is needed to care for a sick family member, you must provide a certification from the health care provider stating:

  • Date of commencement of the serious health condition;
  • Probable duration of the condition;
  • Estimated amount of time for care by the health care provider; and
  • Confirmation that the serious health condition warrants your participation.

If your serious health condition is the reason for leave, you must provide a certification from the health care provider stating:

Date of commencement of the serious health condition;

  • Probable duration of the condition; and
  • Your inability to work at all or to perform any one or more of the essential functions of your position because of the serious health condition.

If you are on leave because of your own serious health condition, the Company will also require a medical release to return to work form or certification from your health care provider that you are able to resume work.

Failure to provide a release to return to work from your health care provider may result in denial of reinstatement until the certificate is obtained.

47

Leave Related to Military Service

A leave taken due to a “qualifying exigency” related to military service must be supported by a certification of its necessity. Special certification requirements apply to leaves related to military service.

Health and Benefit Plans

If you are taking CFRA leave, you will be allowed to continue participating in any health and welfare benefit plans in which you were enrolled in before the first day of the leave (for a maximum of 12 work weeks) at the level and under the conditions of coverage as if you had continued in employment for the duration of such leave. The Company will continue to make the same premium contribution as if you had continued working. The continued participation in health benefits begins on the date leave first begins. In some instances, the Company may recover premiums paid to maintain health coverage if you fail to return to work following CFRA leave.

Employees on pregnancy disability leave will be allowed to continue to participate in group health coverage for up to a maximum of four months of pregnancy disability leave (if such insurance was provided before the leave was taken) on the same terms as if you had continued to work. The right to continued group health coverage during pregnancy disability leave is a separate and distinct entitlement from the CFRA entitlement.

Payment is due on the 25th of each month; if payment isn’t received, insurance will be cancelled retroactively.

Substitution of Paid Leave

Generally, CFRA leave is unpaid. The Company may require, or you may choose, to use accrued paid leave while taking CFRA leave. In order to use paid leave for CFRA leave, you must comply with the Company’s normal paid leave policies. For more information on those specific circumstances requiring or allowing the substitution of paid leave contact Human Resources.

Reinstatement

Under most circumstances, upon return from CFRA leave, you will be reinstated to your original job or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions. However, an employee has no greater right to reinstatement than if the employee had been continuously employed rather than on leave. For example, if an employee on CFRA leave would have been laid off had the employee not gone on leave, or if the employee’s job is eliminated during the leave and no equivalent or comparable job is available, then the employee would not be entitled to reinstatement. In addition, an employee’s use of CFRA leave will not result in the loss of any employment benefit that the employee earned before using CFRA leave.

48

If you are on a FMLA-only leave, without CFRA running concurrently, there may be conditions in which you may be denied reinstatement if you are a “key” employee. (Please refer to the Reinstatement section of the FMLA Leave policy for additional information.)

Time Accrual

Please contact Human Resources with any questions regarding accrual of other Company provided paid leave benefits (such as vacation, PTO, or sick leave) during unpaid CFRA leave.

Carryover

Leave granted under any of the reasons provided by CFRA and/or FMLA will be counted as family/medical leave and will be considered as part of the 12-workweek entitlement in any 12-month period. No carryover of unused leave from one 12-month period to the next 12-month period is permitted.

Intermittent Leave

You may take CFRA leave intermittently (in blocks of time, or by reducing your normal weekly or daily work schedule) if the leave is for your serious health condition or that of a qualifying family member and the reduced leave schedule is medically necessary as determined by the health care provider of the person with the serious health condition. The smallest increment of time that can be used for such leave is 1 hour.

See also the discussion of Pregnancy, Childbirth or Related Conditions and Baby Bonding above.

Pregnancy Disability Leave

If you are pregnant, have a related medical condition, or are recovering from childbirth, please review this policy. Any employee planning to take pregnancy disability leave (PDL) should advise the Human Resources department as early as possible. Please make an appointment with the Human Resources to discuss the following conditions:

  • The length of pregnancy disability leave will be determined by the advice of your physician, but employees disabled by pregnancy may take up to four months of leave per pregnancy (the working days you normally would work in one-third of a year or 17 1/3 weeks). Part-time employees are entitled to leave on a pro rata basis. The four months of leave includes any period of time for actual disability caused by your pregnancy, childbirth, or related medical condition. This includes leave for severe morning sickness and for prenatal care, doctor-ordered bed rest, as well as other reasons. Your healthcare provider determines how much time you need for your disability;
  • South Pacific | Rehab Alliance will also reasonably accommodate medical needs related to pregnancy, childbirth, or related conditions or temporarily transfer you to a less strenuous or hazardous position (where one is available) or duties if medically needed because of your pregnancy.

49

If you need to take PDL, you must inform South Pacific | Rehab Alliance when a leave is expected to begin and how long it will likely last. If the need for a leave, reasonable accommodation, or transfer is foreseeable (such as the expected birth of a child or a planned medical treatment for yourself), you must provide at least 30 days advance notice before the PDL or transfer is to begin. Consult with your supervisor regarding the scheduling of any planned medical treatment or supervision in order to minimize disruption to the operations of the Company. Any such scheduling is subject to the approval of your health care provider.

For emergencies or events that are unforeseeable, we need you to notify the Company, at least verbally, as soon as practical after you learn of the need for the leave.

Failure to comply with these notice requirements may result in delay of PDL, reasonable accommodation, or transfer.

Pregnancy leave usually begins when ordered by your health care provider. You must provide South Pacific | Rehab Alliance with a written certification from a health care provider for need of PDL, reasonable accommodation, or transfer. The certification must be returned no later than 15 calendar days after it is requested by the Company. Failure to do so may, in some circumstances, delay PDL, reasonable accommodation, or transfer. Please ask the Human Resources for a medical certification form to give to your health care provider.

Leave returns will be allowed only when your health care provider sends a release.

You are allowed to use accrued sick time (if otherwise eligible to take the time) during PDL. You are allowed to use accrued vacation or personal time (if otherwise eligible to take the time) during PDL.

Leave does not need to be taken in one continuous period of time and may be taken intermittently, as needed. Leave may be taken in increments of 1 hour.

50

If intermittent leave or leave on a reduced work schedule is medically advisable you may, in some instances, be required to transfer temporarily to an available alternative position that meets your needs. The alternative position does not need to have equivalent job duties, but must have the equivalent rate of pay and benefits, and you must be qualified for the position. The position must better accommodate your leave requirements than your regular job. Transfer to an alternative position can include altering an existing job to better accommodate your need for intermittent leave or a reduced work schedule.

When your health care provider releases you to return to work, from PDL, you will be reinstated to your same position held at the time the leave began or, in certain instances, to a comparable position, if available. There are limited exceptions to this policy. An employee returning from a pregnancy disability leave has no greater right to reinstatement than if the employee had been continuously employed.

If you are on PDL, you will be allowed to continue to participate in group health insurance coverage for up to a maximum of four months of disability leave (if such insurance was provided before the leave was taken) at the level and under the conditions that coverage would have been provided if you had continued in employment continuously for the duration of the leave. In some instances, the Company can recover premiums paid to maintain your health coverage if you fail to return from PDL. PDL may impact other benefits or a seniority date. Please contact the personnel department for more information.

Lactation Accommodation

South Pacific | Rehab Alliance recognizes lactating employees’ rights to request lactation accommodation and accommodates lactating employees by providing a reasonable amount of break time and a suitable lactation location to any employee who desires to express breast milk for their infant child, subject to any exemption allowed under applicable law.

If possible, the break time should run concurrently with your normally scheduled break time. Any break time to express breast milk that does not run concurrently with your normally scheduled break time is unpaid.

The lactation location will be private (shielded from view and free from intrusion from co-workers and the public) and located close to your work area. The location will be safe, clean, and free of toxic or hazardous materials; have a surface to place a breast pump and other personal items; have a place to sit; and have access to electricity or alternative devices (including, but not limited to extension cords or charging stations) needed to operate an electric or battery-powered breast pump. South Pacific | Rehab Alliance will also provide access to a sink with running water and a refrigerator suitable for storing milk in close proximity to your workspace. If a refrigerator cannot be provided, South Pacific | Rehab Alliance will provide another cooling device suitable for storing milk, such as an employer-provided cooler. The lactation location will not be a bathroom or restroom. The room or location may include an employee’s private office if it otherwise meets the requirements of the lactation space. Multi-purpose rooms may be used as lactation space if they satisfy the requirements for space; however, use of the room for lactation takes priority over other uses for the time it is in use for lactation purposes.

51

Employees who desire lactation accommodations should contact Human Resources to request accommodations. An employee s request may be provided orally, by email, or in writing, and need not be submitted on a specific form. We will engage in an interactive process with you to determine when and where lactation breaks will occur. If we cannot provide break time or a location that complies with this policy, we will provide a written response to your request.

South Pacific | Rehab Alliance will not tolerate discrimination or retaliation against employees who exercise their rights to lactation accommodation, including those who request time to express milk at work and/or who lodge a complaint related to the right to lactation accommodation. If you believe you have been denied reasonable break time or adequate space to express milk or have been otherwise been denied your rights related to lactation accommodation, you have the right to file a complaint with the Labor Commissioner.

Civil Air Patrol Leave

No employee with more than 90 days of service shall be disciplined for taking time off to perform emergency duty as a volunteer in the California Civil Air Patrol. If you are a Civil Air Patrol volunteer, please alert your supervisor that you may have to take time off for emergency duty.

When taking time off for emergency duty, please alert your supervisor before doing so, giving as much advance notice as possible.

Up to 10 days of leave for duty may be taken each year. However, leave for a single emergency mission cannot exceed three days, unless the emergency is extended by the entity in charge of the operation and the extension of leave is approved by the Company.

52

Crime or Abuse Victims’ Leave and Accommodation

If you are the victim of crime or abuse, you are eligible for unpaid leave. While the leave is generally unpaid, employees can use their paid sick time under California’s Healthy Workplaces, Healthy Families Act for the purposes described below.

You are considered a victim of crime or abuse who is eligible for unpaid leave if you are:

  • A victim of stalking, domestic violence, or sexual assault;
  • A victim of a crime that caused physical injury or that caused mental injury and a threat of physical injury;
  • A person whose immediate family member is deceased as a result of a crime. “Immediate family member” includes:
    • Regardless of age, your biological, adoptive, or foster child, stepchild, or legal ward, a child of a registered domestic partner, a child to whom you stand in loco parentis, or a person to whom you stood in loco parentis when the person was a minor;
    • Your biological, adoptive, or foster parent, stepparent, or legal guardian or that of your spouse or registered domestic partner, or a person who stood in loco parentis when you or your spouse or registered domestic partner was a minor child;
    • Your legal spouse or registered domestic partner;
    • Your biological, foster, or adoptive sibling, a stepsibling, or half-sibling; or
    • Any other individual whose close association with you is the equivalent of a family relationship described in any of the bullets above.

You may request leave if you are involved in a legal action, such as obtaining restraining orders, or appearing in court to obtain relief to ensure your or your child’s health, safety, or welfare.

Please provide reasonable advance notice of the need for leave, unless advance notice is not feasible, by contacting Human Resources.

If you need a reasonable accommodation for your safety at work, contact Human Resources. If you are requesting a reasonable accommodation, you will need to submit a written statement signed by you, or by an individual acting on your behalf, certifying that the accommodation is for the purpose of your safety at work.

For reasonable accommodation requests, the Company will also require certification demonstrating that you are the victim of crime or abuse. The Company may request recertification every six months. Please notify the Company if an approved accommodation is no longer needed.

The Company will engage in an interactive process with you to identify possible accommodations, if any, that are effective and will make reasonable accommodations unless an undue hardship will result.

53

South Pacific | Rehab Alliance will, to the extent allowed by law, maintain the confidentiality of an employee requesting leave or accommodation under these provisions.

Crime or Abuse Victims’ Leave for Treatment

If you are the victim of crime or abuse, you are eligible for unpaid leave. While the leave is generally unpaid, employees can use their paid sick time under California’s Healthy Workplaces, Healthy Families Act for the purposes described below.

You are considered a victim of crime or abuse who is eligible for unpaid leave if you are:

  • A victim of stalking, domestic violence, or sexual assault;
  • A victim of a crime that caused physical injury or that caused mental injury and a threat of physical injury; or
  • A person whose immediate family member is deceased as a result of a crime. “Immediate family member” includes:
    • Regardless of age, your biological, adoptive, or foster child, stepchild, or legal ward, a child of a registered domestic partner, a child to whom you stand in loco parentis, or a person to whom you stood in loco parentis when the person was a minor;
    • Your biological, adoptive, or foster parent, stepparent, or legal guardian or that of your spouse or registered domestic partner, or a person who stood in loco parentis when you or your spouse or registered domestic partner was a minor child;
    • Your legal spouse or registered domestic partner;
    • Your biological, foster, or adoptive sibling, a stepsibling, or half-sibling; or
    • Any other individual whose close association with you is the equivalent of a family relationship described in any of the bullets above.

You may request leave for any of the following purposes:

  • To seek medical attention for injuries caused by crime or abuse;
  • To obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of the crime or abuse;
  • To obtain psychological counseling or mental health services related to experiencing crime or abuse;
  • To participate in safety planning and take other actions to increase safety from future crime or abuse, including temporary or permanent relocation.

Please provide reasonable advance notice of the need for leave unless advance notice is not feasible, by contacting Human Resources.

South Pacific | Rehab Alliance will, to the extent allowed by law, maintain the confidentiality of an employee requesting leave under this provision.

The length of unpaid leave an employee may take is limited to 12 weeks provided for in the federal Family and Medical Leave Act (FMLA) for eligible employees.

54

Criminal Judicial Proceedings and Victims’ Rights Leave

If you are the victim, or the family member of a victim of certain serious crimes, you may take time off from work to attend judicial proceedings related to the crime or to attend proceedings involving rights of the victim.

If you are the family member of a crime victim, you may be eligible to take this leave if you are the crime victim’s spouse, parent, child, or sibling. Other family members may also be covered, depending on the purpose of the leave.

The absence from work must be in order to attend judicial proceedings or proceedings involving rights of the victim. Only certain crimes are covered. You must provide reasonable advance notice of your need for leave and documentation related to the proceeding may be required. If advance notice is not possible, you must provide appropriate documentation within a reasonable time after the absence.

Any absences from work to attend judicial proceedings or proceedings involving victim rights are unpaid, unless you choose to use accrued and unused paid time off.

For more information regarding this leave (including whether you are covered, when and what type of documentation is required and which type of paid time off can be used), please contact Human Resources.

Military Leave

Employees who wish to serve in the military and take military leave should contact Human Resources for information about their rights before and after such leave. You are entitled to reinstatement upon completion of military service, provided you return or apply for reinstatement within the time allowed by law.

Military Spouse Leave

Employees who work more than 20 hours per week and have a spouse or registered domestic partner in the Armed Forces, National Guard, or Reserves who have been deployed during a period of military conflict are eligible for up to 10 unpaid days off when their spouse is on leave from (not returning from) military deployment.

55

You must request this leave in writing to Human Resources within two business days of receiving official notice that your spouse will be on leave. You must attach to the leave request written documentation certifying that your spouse will be on leave from deployment.

Volunteer Civil Service Personnel

No employee shall be disciplined for taking time off to perform emergency duty as a volunteer firefighter, peace officer, or emergency rescue personnel. Employees who perform emergency duty as a volunteer firefighter, reserve peace officer, or emergency rescue personnel may also take up to a total of fourteen days unpaid leave time per calendar year to engage in required fire, law enforcement or emergency rescue training. Please alert your supervisor that you may have to take time off for emergency duty or emergency duty training. When taking time off for emergency duty, please alert your supervisor before doing so when possible.

If you are an official volunteer firefighter, reserve peace officer or emergency rescue personnel, please alert your supervisor if you have training. Volunteer firefighters, reserve peace officers and emergency rescue personnel may take up to a total of fourteen days per calendar year to engage in fire, law enforcement or emergency rescue training.

Organ and Bone Marrow Donor Leave

Employees who are donors for organ or bone marrow may take time off as follows:

  • You must be employed for at least a 90-day period immediately before the beginning of leave.
  • You may take up to 30 business days of paid leave, and up to an additional 30 business days of unpaid leave in any one-year period for the purpose of donating an organ to another person. The one-year period is calculated from the date the employee begins their leave.
  • You may take up to 5 business days of leave in any one-year period for the purpose of donating bone marrow to another person. The one-year period is calculated from the date the employee’s leave begins.
  • During the leave for organ/bone marrow donors, South Pacific | Rehab Alliance will continue to provide and pay for any group health plan benefits the employee was enrolled in prior to the leave of absence.
  • Leave taken for the purpose of organ or bone marrow donation is not leave for the purpose of family medical leave under the federal Family and Medical Leave Act or the state California Family Rights Act.

Employees who wish to take a leave of absence to donate bone marrow or an organ will be required to provide written verification of the need for leave, including confirmation that the employee is an organ or bone marrow donor and that there is a medical necessity for the donation of the organ or bone marrow.

South Pacific | Rehab Alliance requires that employees taking leave for organ donation use two weeks of accrued but unused sick leave, PTO, and/or vacation.

56

South Pacific | Rehab Alliance requires that employees taking leave for bone marrow donation use five days of accrued but unused sick leave, PTO, and/or vacation.

Once a donor has exhausted the required paid sick, PTO, and/or vacation leave, the employee will be paid for the remaining leave of absence, if additional leave is needed, up to the maximum allowed by law.

School and Child Care Activities Leave

Employees are encouraged to participate in the school or child care activities of their child(ren). The absence is subject to all of the following conditions:

  • Time off under this policy can only be used by parents, guardians, grandparents, stepparents, foster parents, or a person who stands in loco parentis to one or more children of the age to attend kindergarten through grade 12 or who are with a licensed child care provider;
  • The amount of time off for school or child care activities described below cannot exceed a total of 40 hours each year;
  • You can use the time off to find, enroll, or reenroll a child in a school or with a licensed child care provider or to participate in activities of the child’s school or licensed child care provider. The time off for these purposes cannot exceed eight hours in any calendar month. You must provide reasonable advance notice to your supervisor before taking the time off;
  • You can also use time off to address a “child care provider or school emergency” if you give notice to the Company. A “child care provider or school emergency” means that the your child cannot remain in a school or with a child care provider due to one of the following:
  • The school or child care provider has requested that your child be picked up, or has an attendance policy (excluding planned holidays) that prohibits your child from attending or requires your child to be picked up from the school or child care provider;
  • Behavioral or discipline problems;
  • Closure or unexpected unavailability of the school or child care provider, excluding planned holidays; or
    • A natural disaster, including, but not limited to, fire, earthquake, or flood.
    • If more than one parent is employed by South Pacific Rehab Alliance, the first employee to request such leave will receive the time off. Another parent will receive the time off only if the leave is approved by their supervisor;
  • You must use PTO leave in order to receive compensation for this time off; and
  • If you who do not have paid time off available, you will take the time off without pay.

57

School Appearances Involving Suspension

If you are the parent or guardian of a child facing suspension from school is summoned to the school to discuss the matter, you should alert your supervisor as soon as possible before leaving work. In agreement with California Labor Code Section 230.7, no discriminatory action will be taken against an employee who takes time off for this purpose.

58

Addendums

Addendums March 13, 2024

1. The Holiday Pay policy ended on April 1, 2024. Employees who work on holidays will be paid at their regular, hourly rate.

2. Updated policy on calling in sick for full-time, part-time, and per diem employees:

Employees must alert their DOR and their regional manager at least two hours before the start of their shift.

Employees are responsible for putting in their PTO/sick time (full time/per diem, respectively) for that shift on UKG Ready.

3. Updated policy on work schedules:

SPRS | REHAL leadership will determine the rehab gym hours with a rotation basis (as needed) to maintain staff presence between 8AM to 5PM. Full-time employees are required to be onsite by 9AM unless approved by DOR for special circumstances. Work schedules vary by patient and facility needs, but below are the earliest and latest employees can clock in and out based on discipline. All employee schedules are at the discretion of the regional manager based on facility needs.

SLP: 7AM – 7PM PT/PTA: 7AM – 8PM

OT/COTA: 6:30AM – 8PM

All full-time employees are expected to work 40-hour work weeks, unless agreed upon with the regional manager and human resources.

59

No Cost SNF Analysis

We have 40+ years of experience as a therapy provider and partner. Let us show you what South Pacific Rehab can do for your business.

Contact

South Pacific Rehab Services
16030 Ventura Blvd # 450
Encino, CA 91436​
hr@sprehab.com
Tel: 818-986-1977
Fax: 888-253-8070

 

Achieving Remarkable Results - Together