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IMAGINE, LLC

IMAGINE
EARLY LEARNING CENTERS, LLC

EMPLOYEE HANDBOOK

Holly Saltzman Josephine Wong


President Human Resources Director
IMAGINE, LLC

EMPLOYEE HANDBOOK ACKNOWLEDGMENT

I acknowledge that I have received my copy of the Imagine Early Learning Centers
Employee Handbook. I agree to abide by the rules and regulations of Imagine Early
Learning Centers as described in this Handbook which is intended as a guide to policies,
practices and procedures. I understand this Handbook represents only current policies
and benefits and that Imagine Early Learning Centers has the right to revise, modify or
eliminate without notice. It is understood that future revisions in policies, practices and
procedures will supersede or eliminate those found in this Handbook, and that
employees will be notified of such revisions through normal communication channels. I
agree that if there is any policy, practice, procedure or provision in this Handbook that I
do not understand, I will seek clarification from the Human Resources Director and/or
the Center Director.

I understand that my employment is at-will and as such, employment with IMAGINE is


not for a fixed term, definite period or guarantee of any conditions of employment. I also
understand and agree that the information contained in these materials does not
constitute an employment contract or legally enforceable obligation between Imagine
Early Learning Centers and me, and that either I or Imagine Early Learning Centers may
terminate our employment relationship at any time, with or without cause and without
prior notice. I understand that no Director or representative of Imagine Early Learning
Centers, other than the President of IMAGINE, has any authority to enter into any
agreement contrary to the foregoing employment-at-will relationship.

I understand that nothing contained in this Handbook may be construed as creating a


promise of future benefits or a binding contract with IMAGINE for benefits or for any
other purpose.

I acknowledge that I will abide by the Supervision of Children Policy at all times.

I agree to keep confidential trade secrets and similarly protected proprietary information
(business, financial and marketing strategies) of Imagine Early Learning Centers. I will
not use this shared information other than in the performance of my duties or disclose it
to any person or entity outside of Imagine Early Learning Centers.

I understand that I am obligated to familiarize myself with IMAGINE's safety and


emergency procedures as outlined in this Handbook and/or in other documents.

I understand that it is my responsibility to read and ask questions if unclear regarding all
policies, practices, and procedures in this Handbook. I understand that I will comply with
all policies, practices and procedures in this Handbook; failure on my part to comply will
subject me to disciplinary action, up to and including termination of my employment.

________________________________________
Employee Name (please print)

________________________________________ ____________________
Employee Signature Date

Employee Handbook 2 September 2016


IMAGINE, LLC

Welcome to IMAGINE!

You are now part of a diverse team of dedicated professionals


committed to providing the highest quality child care available today.
Imagine believes in working as partners with parents to promote the
development of the children in our care into happy, healthy, confident,
compassionate early learners. We pride ourselves on providing the
children with the skills they will need to succeed in their future school
environments. Our staff has always been an integral part of this goal.

This Handbook has been prepared to inform you of our policies and
expectations of you. Please read it carefully and review any
questions with your Director.

These words were written in 1997 by Louis Gallousis, the founder of


Innovative Learning Centers (ILC). Many of us who now work with
IMAGINE started our careers in early childhood education with ILC.
We were lucky to have had the opportunity to work with and learn
from Mr. Gallousis. Although he is no longer with us day-to-day, his
words remain true.

It is a pleasure to welcome you to the IMAGINE family.

Holly Saltzman
President

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Program Philosophy

Imagine subscribes to a Developmental-Interaction philosophy of education, derived


from various child development theories and research, suggesting that children
develop skills and learn through hands-on experiences and peer interactions in an
environment that is both stimulating and appropriately facilitated by nurturing,
professional teachers. Children advance their development and learning through
their natural curiosity and intrinsic motivation to explore and adapt to their
environment. The Center administrative and teaching staff, working as partners with
parents, encourage the childrens active participation in curriculum activities
designed to facilitate learning through self-discovery and expression. Our goal is to
develop the whole child as a self-confident and expressive individual in cognitive,
physical and social domains. Curriculum in our Infant, Toddler and Pre-K classrooms
reflects typical child development goals and the individual needs of each child in the
group. Particular attention is paid in the final Pre-K year to Kindergarten
preparedness, according to state learning standards. Children and parents alike are
valued as individuals, as well as members of our diverse school community.

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Mission Statement

Guiding our children to learn, grow and have fun!

Meeting the standards of excellence set by the National Association


for the Education of Young Children (NAEYC)

Offering teachers a professional work environment and opportunities


for growth;

Fostering active parent involvement; and

Keeping tuition as low as possible while maintaining high-quality


programs.

Theres no place like homeexcept at


IMAGINE.

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TABLE OF CONTENTS

Description Page
Employee Handbook Acknowledgement 2
Welcome 3
Program Philosophy 4
Mission Statement 5
Forward 10

POLICY STATEMENTS
Americans with Disabilities Act (ADA) 11
Confidentiality 14
Equal Employment Opportunity 15
Discrimination and Harassment 15
Affirmative Action 18
Employment-At-Will 19
Domestic Violence and the Workplace 19
Ethics 20
GINA 21
ACA (Affordable Care Act) 21
HIPAA 21
No Smoking or e-Cigarettes 25
Safety 25
Substance Abuse Drug Free Workplace 27
Workplace Bullying 27
Workplace Violence 27

NEW EMPLOYEE INFORMATION


Background and Reference Checks 28
Documents Required Before Employment 28
Fingerprinting 29
Health Certification 29
Onboarding/New Hire Orientation 29
Qualifications 30
Safety Training 30
Testing 30

EMPLOYMENT
Employee Classification Categories 30
Immigration and Reform Control Act (I-9) 31
Job Descriptions 32
Non-Employees 32
Other Assignments 32
Promotions 32
Recruitment 32
Restricted Access 33

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Seniority 33
Transfers 33

WORK SCHEDULE
Attendance Policy 34
Meal Period 36
Overtime 36
Work Shift/Schedule 36
Workweek 37

PAYROLL
ADP- Workforce Now 37
Compensation/Paycheck Policy 38
Deductions 40
Direct Deposit 41
Garnishments, Income Executions, Tax Levies and Subpoenas 41
Pay Periods 41
Travel Time 42
Wage Overpayment Recovery Policy 42

DEVELOPMENT
Performance Evaluation 43
Staff Development/Conference Days 44

COMMUNICATIONS AND TECHNOLOGY POLICIES


Bulletin Boards 45
Cell Phone Use Policy 45
Center Telephone 45
Communications with Outside Parties 45
Email and Internet Use Policy 45
Data Protection and Privacy Policy 46
iPad/iPod and Accessories Policy 46
Social Media Policy 47

ADMINISTRATIVE POLICIES
Corrective Action Plans Article 47 NY City Health Code 48
Dating in the Workplace 48
Dress Code and Professional Appearance 48
Eating in the Classroom 49
Employee Responsibility for Center Property 49
Employee Responsibility for Personal Property 50
Employees who Become Ill at Work 50
Employment of Relatives 50
Lactation Accommodation 50
Licensing/Accreditation 50
Logos, Copyrights and Trademarks 51

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Maintenance of Work Area 51


Outside Employment 51
Personal Property and Expectations of Privacy Policy 51
Personnel Data Changes 52
Personnel Records 52
Recording Conversations in the Workplace 52
Reporting Requirements 53
Solicitation and Distribution 53
Visitors in the Workplace 53
Voting (New York State Employees) 54
Voting (New Jersey State Employees) 54

CODE OF CONDUCT
Professional Conduct and Responsibility 54
Employee Conduct and Work Rules 54
Workplace Investigation Policy 56
Disciplinary and Counseling Procedures 57
Complaint/Dispute Resolution Procedure 58

PAID TIME OFF


Vacation Days/Hours 59
Sick Days/Hours 61
Family Sick Leave Use Policy 64
Holidays 64
Floating Holiday 65

LEAVE OF ABSENCE (LOA)


Disability 67
Family and Medical Leave (FMLA) 67
New Jersey Paid Family Leave 72
Parental 74
Personal 74
Serious Diseases 74
Disability for Off-the-Job Injury or Illness 75
Workers Compensation Insurance 76
Return to Work Procedure 77

OTHER TYPES OF LEAVE


Bereavement Leave 77
Blood Donation Leave 78
Educational Leave 78
Jury Duty 78
Military Leave 78
Parental Involvement Leave 79
Religious Observances 79
Time Off from Work in Connection with Court Cases 79

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BENEFITS
Child Care Tuition Discount 80
COBRA 81
Death Benefit 81
Employee Referral Program 81
Expenses Incurred by Employee 82
Fit & Healthy Program 82
Flexible Spending Plan 82
Medical, Dental and Vision Insurance 82
Open Enrollment 82
myRA 83
Transit Program 83
Tuition Reimbursement 83
Degree Incentive 84
Voluntary Insurance Programs 84

SEPARATION FROM EMPLOYMENT


Reductions in Force/Layoff 85
Resignation Policy 86
Termination and Discharge 87

APPENDICES
Staff A-1
Health B-1
Curriculum C-1
Safety D-1
Emergency Procedures E-1
Family Communication F-1

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FOREWORD

We are confident that all staff, those who have just joined and our long-term employees, will find
our company a dynamic and rewarding place in which to work, and we look forward to a
productive and successful association. We consider the employees of IMAGINE to be one of its
most valuable assets. This Handbook has been written to serve as the guide for the
employer/employee relationship and includes regulatory compliance. IMAGINE will not continue
to employ any employee that does not comply with signing the Employee Handbook
Acknowledgment.

There are several items to keep in mind relative to this Handbook. First, it contains only general
information and guidelines. It is not intended to be comprehensive or to address all the possible
applications of, or exceptions to, the general policies, practices and procedures described. For
that reason, if you have any questions concerning eligibility for a particular benefit or the
applicability of a policy or practice to you, you should address your specific questions to the
Human Resources Director or the Vice President. Second, neither this Handbook nor any other
company document confers any contractual right, either express or implied, to remain in the
company's employ. Nor does this Handbook or any other company document guarantee any
fixed terms and conditions of your employment. Third, nothing in this Handbook will be applied
to limit your right to discuss your working conditions with anyone. Fourth, IMAGINE operates in
multi-jurisdictions, and as such, changes in law(s), where applicable will govern. Fifth, except
where otherwise required by context, any words used in the masculine gender shall be
construed to include the feminine gender and vice versa. Also, where appropriate, any word
used in the singular shall be construed to include the plural and vice versa.

Some subjects described in this Handbook are covered in detail in official policy documents.
Refer to these documents for specific information because the Handbook only briefly
summarizes those guidelines and/or benefits. Please note that the terms of the written
insurance policies are controlling and override any statements made in this or other documents.
IMAGINE reserves the right to increase premiums without the need to disclose financial
necessity. IMAGINE reserves the right to revise and modify any and all of its benefits.

This Handbook represents current policies, practices, procedures and benefits. IMAGINE has
the right to revise, modify or eliminate this Handbook without notice, except for the policy of at-
will employment. It is understood that future revisions in policies, practices, procedures and
benefits will supersede or eliminate those found in this Handbook, and that employees will be
notified of such revisions through normal communication channels.

This Handbook is the property of Imagine Early Learning Centers. No part of this Handbook
may be reproduced or transmitted in any form or by any means, electronic or mechanical,
including photocopying, recording, or information storage and retrieval system or otherwise, for
any business/commercial venture without the express written permission of Imagine Early
Learning Centers.

Revisions and/or updates were made in: Sep 2012


Feb 2013
Sep 2014
Sep 2015
Sep 2016

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POLICY STATEMENTS

Americans with Disabilities Act (ADA) and the ADA Amendments Act (ADA/AA)
IMAGINE is committed to complying with all applicable provisions of the Americans with
Disabilities Act (ADA) and with the ADA Amendments Act. It is MAGINE's policy not to
discriminate against any qualified employee, applicant or caregiver with regard to any terms or
conditions of employment because of such individual's disability or person caring, record of
disability or perceived disability, as long as the employee can perform the essential functions of
the job, including regular attendance. Employees are required to prove their disability.
As per NYCHRL, the term caregiver means a person who provides direct and ongoing
care for a minor child or care recipient, defined as a person with a disability who is a covered
relative, or a person who resides in the caregivers household and relies on the caregiver for
medical care or to meet the needs of daily living.
Consistent with this policy of nondiscrimination, IMAGINE will provide reasonable
accommodations to a qualified individual with a disability, as defined by the ADA/AA, who has
made IMAGINE aware of his or her disability, provided that such accommodation does not
constitute an undue hardship on IMAGINE. After an offer of employment is made, IMAGINE
reserves the right to make the offer conditional on answering disability related questions.

Pregnancy
Pregnancy is defined as a disability under New York City and New York State laws, and
as such, is an individual that is pregnant, has symptoms of pregnancy, including, without
limitation, nausea, morning sickness, dehydration, increased appetite, swelling of extremities,
and increased body temperature.
Pregnant employees, pregnant employees with related medical conditions (infertility,
gestational diabetes, pregnancy-induced hypertension, preeclampsia, post-partum depression,
miscarriage or lactation and termination) and employees recovering from childbirth should
request reasonable accommodations to be able to perform their essential job functions. These
accommodations cannot cause an undue hardship. Examples of reasonable accommodations
are: bathroom breaks, breaks to facilitate increased water intake, periodic rest, assistance with
manual labor, changes to their work environment and leave for a period of disability arising from
childbirth. IMAGINE will follow the guidelines for reasonable accommodations due to pregnancy
as set forth in this Policy.

Procedure for Requesting an Accommodation


Employees with a disability who believe they need a reasonable accommodation to
perform the essential functions of their job should contact the Human Resources Director and
complete the Reasonable Accommodation Request Form (RARF) on the Teachers website, HR
website and ADP-Workforce Now. IMAGINE encourages individuals with disabilities to come
forward and request reasonable accommodation. This request can be made verbally initially;
however, afterwards IMAGINE requires the RARF to be completed. If an employee refuses to
complete the RARF or denies having a disability, IMAGINE will not engage in the interactive
process with the employee.
On receipt of an accommodation request, the Human Resources Director and the
employees Director will begin a cooperative dialogue and interactive process with the employee
to discuss and identify the precise limitations/restrictions resulting from the disability, how the
disability is prompting a need for an accommodation, the length of time needed for the
reasonable accommodation(s) and whether possible alternative reasonable accommodations
might effectively meet the employees disability-related needs (such as no lifting or carrying
restrictions), and whether any of the accommodations would cause an undue hardship.
In some instances, IMAGINE may need to get information to determine if an individuals

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impairment is a disability, including the ability to interact with others, under the Rehabilitation
Act or to determine what would be an effective accommodation. An individualized inquiry will be
conducted to determine whether an impairment substantially limits a major life activity, including
alcoholism, where IMAGINE will follow the guidelines from the US Office of Personnel
Management.
IMAGINEs request for information may include:

-the specific reason(s) the employee needs leave (for example, surgery and
recuperation, adjustment to a new medication regimen, doctor visits or physical therapy;
-whether the leave will be a block of time (for example, three weeks or three months), or
intermittent (for example, one day per week, six days per month, occasional days
throughout the year), and;
-when the need for leave will end.

As a separate note in the policy, reasonable accommodations for alcoholism include a


modified work schedule to attend Alcoholics Anonymous meetings, or a leave of absence to
seek treatment with a prognosis for recovery. In addition, IMAGINE will not provide repeated
leaves of absence should there be a poor prognosis for recovery of alcoholism. Unsatisfactory
performance or conduct related to alcoholism is not protected under the ADA/AA and will
subject the employee to disciplinary action, up to and including termination of employment.
IMAGINE abides by the Drug Fee Workplace Act of 1988 and the New York State Medical
Marijuana Program. Current users of illegal drugs have no ADA/AA protection, even if they are
addicted.
Communication is a priority throughout the interactive process, including, submission of
required documentation, such as the Medical/Mental Evaluation Certification of Ability to
Perform Work-Related Duties and/or Certification of Healthcare Provider to determine
reasonable accommodation(s) and/or return to work status, at the expense of the employee.
Therefore, a physical examination may be job-related and consistent with business necessity
due to the physical requirements as stated in the employees essential job duties and
responsibilities of their respective job description.
Leave may be sought as a reasonable accommodation and all employees must provide
documentation to substantiate the need for leave. Employees must stay in regular
communication with IMAGINE to inform us of their progress and discuss, if necessary, the need
for continued leave beyond what was granted originally. Requests for leave that provide
approximate dates or ranges of dates will be considered. However, keep in mind that a leave
granted as a reasonable accommodation requires the employee to provide a fixed return date
on which s/he can resume the essential functions and responsibilities of their job. The leave
request must assure that the essential functions and responsibilities can be undertaken in the
near future. The leave cannot disrupt the operations of IMAGINE because IMAGINE cannot
plan for the employees return. Therefore, employees cannot request an indefinite leave as a
reasonable accommodation due the request creating an undue hardship for IMAGINE. When
IMAGINE has granted leave under the ADA/AA with a fixed return date IMAGINE will not ask
the employee to provide periodic updates. In addition, IMAGINE will not reach out to the
employee regarding work-related questions or issues. Additional leave requests for a disability
should be submitted as soon as possible so that IMAGINE may consider whether it can grant an
extension without causing undue hardship.
Current employees that can no longer perform the essential functions of their job and
meet the minimum qualifications for a vacant position are encouraged to apply for the position
and may be placed in the vacant position as a reasonable accommodation. If an equivalent
position is not available, IMAGINE will seek a vacant position at a lower level, with

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corresponding lower pay, and place the employee in that position. Continued leave is not
required as a reasonable accommodation if a vacant position at a lower level is unavailable.
A determination will be made based on the essential job duties for employees requesting
telecommuting as a reasonable accommodation. Therefore, if an employee is required to
maintain regular and reliable attendance at their worksite to perform their essential job
functions, telecommuting as a reasonable accommodation request will be denied.
Employees receiving sick paid time off while on an approved leave of absence under the
ADA/AA are required to remain at home except for personal needs related to the reason for
being on the leave of absence. Employees will not be required to designate the time off used as
sick or vacation for disability absences covered under this Policy. Therefore, employees will not
be required to designate the time off as sick, it is at the employees discretion.
IMAGINE will determine the feasibility of the requested accommodation considering
various factors, including, but not limited to the Job Accommodation Networks
recommendations, whether granting additional leave would cause undue hardship based on the
following:
nature and cost of the accommodation, the availability of tax credits and deductions,
outside funding, IMAGINE's overall financial resources and organization, and the
accommodation's impact on the operations of IMAGINE, and the 5 Factor Test
ability of other employees to perform their duties or being required to take on the duties
of the absent employee, to include, increased burden on management staff required to
cover certain tasks, leaving voids elsewhere or find replacement workers, such as last-
minute substitutes, or readjust work flow and/or priorities in light of absent employees
whether specific job duties and responsibilities are being performed in an appropriate
and timely manner
amount and/or length of the leave
the frequency of the leave
whether the leave for intermittent leave on specific dates is predicable or unpredictable
whether there is any flexibility with respect to the days on which leave is taken
the impact on IMAGINEs operations or inability to conduct business in a timely manner
to serve children and parents

IMAGINE will inform the employee in writing of its decision on the accommodation
request, including listing the reasonable accommodations that do not cause an undue hardship,
and will obtain an agreement with the employee to IMAGINEs proposed accommodations. If the
accommodation request is denied, employees will be advised of their right to appeal the
decision by submitting a written statement explaining the reasons for the request. If the request
on appeal is denied, that decision is final.
The ADA/AA does not require IMAGINE to make the best possible accommodation, to
reallocate essential job functions, or to provide personal use items (i.e., eyeglasses, hearing
aids, wheelchairs etc.). In addition, IMAGINE is not required to endure excessive absenteeism.
Therefore, attendance is a job-related function, and as such, employees must maintain regular
and reliable attendance consistent with business necessity. An employee who does not come to
work cannot perform any of his/her job functions. Moreover, regular, in-person attendance is an
essential function, and is a prerequisite to essential functions, of most jobs, especially the
interactive ones, such as teachers. IMAGINE will exhaust all options and look for vacant
positions for which the employee is qualified, even if there is an applicant that is more qualified.
An employee or job applicant who has questions regarding this policy or believes that he
or she has been discriminated against based on a disability should notify the Human Resources
Director. All such inquiries or complaints will be treated as confidential to the extent permissible
by law.

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Applicants who pose a direct threat to the health or safety of other individuals in the
classrooms and/or workplace, which threat cannot be eliminated by reasonable
accommodation, will not be hired. Current employees who pose a direct threat to the health or
safety of the other individuals in the classrooms and/or workplace will be placed on appropriate
leave until an organizational decision has been made in regard to the employees immediate
employment situation.
The President, Vice Presidents, Executive Directors and Human Resources Director are
responsible for implementing this policy, including resolution of reasonable accommodation,
safety, and undue hardship issues.

Confidentiality
It is essential that every employee have a commitment to confidentiality. This involves
each child and family. In addition, employees should respect their co-workers right to privacy,
excluding discussions relative to salary, wages or working conditions. All information concerning
children and their families is confidential. It is a severe breach of professional ethics and against
policy to discuss matters relating to enrolled children and their families with people other than
those directly involved. The policy of confidentiality relating to children and their families is:

Do NOT disclose to anyone the name or identity of the child or family, unless it is
necessary for the purpose of providing services and only then if you have permission
from the family.
Do NOT discuss a childs or familys situation with a non-staff person. This includes
telephone calls or messages, be especially careful about discussing the situation openly
in front of others.
Do NOT leave telephone messages or notes regarding a child or family in an open area.
Do handle questions/inquires from outsiders regarding a child or family in the
appropriate manner. This includes verification of services for a child or family.
As per NYD SSS Regulations, Information relating to an individual child is confidential
and cannot be disclosed to anyone other than the department, its designees, or social
service district unless a parent of the child has granted written permission for such
disclosure.
Redisclosure of confidential HIV-related information, as defined in section 360.8.1 of the
Title, concerning a child receiving child day care is not permitted except in a manner
consistent with article 27-F of the Public Health Law.
Do not post on social media any individually identifiable information about children or
parents.

The proprietary information IMAGINE shares with its employees relative to the above
must be kept confidential. Information is not to be used other than in the performance of an
employees duties and cannot be disclosed to any person or entity outside of IMAGINE.
All IMAGINE records and information relating to IMAGINE parents, children, employees,
trade secrets, financial data, or other non-public proprietary company information are
confidential and employees must treat these matters accordingly regarding disclosure. No
IMAGINE or IMAGINE-related information, including without limitation, documents, notes, files,
records, oral information, computer files or similar materials, except in the ordinary course of
performing duties on behalf of IMAGINE, may be removed from IMAGINE's premises without
permission from IMAGINE. Employees must not disclose any parent or child confidential
information, purposefully or inadvertently through casual conversation, to any unauthorized
person inside or outside IMAGINE. Employees who are unsure about the confidential nature of
specific information must ask their Director for clarification. Employees will be subject to

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appropriate disciplinary action, up to and including termination, for knowingly or unknowingly


revealing information of a confidential nature relating to a child or parent.

Equal Employment Opportunity


Equal Employment Opportunity has been, and will continue to be, a fundamental
principle at IMAGINE, where employment is based upon personal capabilities and qualifications
without discrimination. IMAGINE provides equal opportunity in all employment practices to all
qualified employees and applicants, including recruitment, interview, selection, placement, job
transfer, promotion, demotion, discipline, training, compensation, benefits, social and
recreational programs, layoff, disciplinary action, recall, leave of absence, termination and all
other terms, privileges and conditions of employment without any limitation, specification or
discrimination in regard to or perception of race, creed, color, religion, national origin, age,
gender identity, the status of being transgender, gender dysphoria, disability, marital status,
partnership status, sexual orientation, affectional preference, familial status, caregiver status,
veteran status, amnesty, military status, alienage or citizenship status, unemployed status,
pregnancy, genetic predisposition or carrier status, protected characteristic of his/her relatives,
friends or associates or any other characteristic protected by applicable federal, state or city law
with respect to employment of staff. Advancement to positions of greater responsibility is based
on an individuals abilities and demonstrated performance. In addition, IMAGINE expressly
prohibits any form of unlawful employee harassment based on any protected characteristic
listed above. Improper interference with the ability of IMAGINE employees to perform their
expected job duties is absolutely not tolerated.
The Human Resources Department has overall responsibility for this policy and
maintains reporting and monitoring procedures. Employees' questions or concerns should be
referred to the Human Resources Director.

Discrimination and Harassment


IMAGINE strives to maintain an environment free from discrimination and harassment,
where employees treat individuals with dignity and respect. Each individual has the right to
work in a professional atmosphere that promotes equal employment opportunities and prohibits
discriminatory practices, including harassment. Therefore, IMAGINE expects that all
relationships among all persons in the workplace, including third parties, will be business-like
and free of bias, prejudice and harassment.
It is the policy of IMAGINE to ensure equal employment opportunity without
discrimination or harassment. This policy applies to enrollment of children and all phases of
employment, including but not limited to recruitment, selection, transfer, promotion, demotion,
training, compensation, benefits, social and recreational programs, layoff, disciplinary action,
recall, leave of absence and termination. IMAGINE will not deny an employee the use of a
restroom consistent with the employees gender identity.

Prohibited Behavior
IMAGINE does not and will not tolerate any type of harassment of our employees,
applicants for employment, interns (paid or unpaid), our parents or children. Discriminatory
conduct or conduct characterized as harassment as defined below is prohibited.
Harassment on the basis of any protected characteristic is strictly prohibited. As
examples: Religious harassment is prohibited - This occurs when a co-worker or supervisor
preaches or proselytizes to an employee(s) and the employee(s) perceive that behavior to be
unwanted and offensive, amounting to a hostile work environment, and for National Origin
IMAGINE will not discriminate based on an employees birthplace, ancestry, culture or linguistic
characteristics common to a specific ethnic group. For example, IMAGINE will not require

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employees to speak only English unless IMAGINE deems that the requirement is necessary for
conducting business.
Harassment is defined as written or graphic material that is placed on walls or elsewhere
on IMAGINE's premises or circulated in the workplace, on company time or using company
equipment via email, phone (including voice messages), text messages, tweets, blogs, social
networking sites or other means and verbal or physical conduct such as, but not limited to,
epithets, slurs, jokes, insults, derogatory comments, negative stereotyping, threatening,
intimidating or hostile acts, and comments that denigrates or shows hostility or aversion toward
an individual because of his/her race, creed, color, religion, national origin, age, gender identity,
the status of being transgender, gender dysphoria, disability, marital status, partnership status,
sexual orientation, affectional preference, caregiver status, veteran status, amnesty, military
status, alienage or citizenship status, unemployed status, pregnancy, genetic predisposition or
carrier status, protected characteristic of his/her relatives, friends or associates or any other
characteristic protected by applicable federal, state or city law which:
is made as an explicit or implicit condition of employment
is used as the basis for employment decisions
unreasonably interferes with an individual's work performance, or
creates an intimidating, hostile or offensive working environment

Sexual Harassment
Sexual harassment is prohibited and may include a range of subtle and not so subtle
behaviors and may involve individuals of the same or different gender. Depending on the
circumstances, these behaviors may include, but are not limited to: unwanted sexual advances
or requests for sexual favors; sexual jokes and innuendo; verbal abuse of a sexual nature;
commentary about an individual's body, sexual prowess or sexual deficiencies; leering, catcalls
or touching; insulting or obscene comments or gestures; display or circulation in the workplace
of sexually suggestive objects or pictures (including through email, texts or social media); and
other physical, verbal or visual conduct of a sexual nature. Sex-based harassment, that is,
harassment not involving sexual activity or language (e.g., female manager yells only at male
employees and not females) may also constitute discrimination if it is severe or pervasive and
directed at employees because of their sex.
Such conduct may constitute sexual harassment when it:
is made an explicit or implicit condition of employment
is used as the basis for employment decisions
unreasonably interferes with an individual's work performance, or
creates an intimidating, hostile or offensive working environment
No supervisor will threaten or insinuate, explicitly or implicitly, that an employees
submission to or rejection of sexual advances will in any way influence any personnel decision
regarding that employees employment, performance evaluation, compensation, advancement,
assigned duties, work shifts or any other condition of employment or career management.
Such conduct may constitute sexual harassment regardless of whether the conduct is
between members of management, between management and employees, between
employees, or directed at employees by nonemployees, such as an outside vendor, consultant,
or parent or any individual conducting business with IMAGINE, regardless of gender or sexual
orientation.
As part of IMAIGNEs Affirmative Action Plan, sanctions will be enforced against
individuals engaging in sexual harassment and against supervisors and managerial personnel
who knowingly allow such behavior to continue.

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Conduct prohibited by these policies is unacceptable in the workplace and in any work-
related setting outside the workplace, such as during business trips, business meetings and
business-related social events.

Harassment by Nonemployees
IMAGINE will endeavor to protect employees, to the extent possible, from reported
harassment by nonemployees in the workplace, including vendors, security at the centers,
consultants and parents.

Harassment Complaint Procedure and Investigation


IMAGINE strongly urges the reporting of all incidents of actual or perceived
discrimination, harassment or retaliation, regardless of the offender's identity or position.
Individuals who believe they have experienced conduct that they believe is contrary to
IMAGINE's policy or who have concerns about such matters should file their complaints with the
Human Resources Director and/or the Executive Director. Individuals should not feel obligated
to file their complaints with their immediate supervisor first before bringing the matter to the
attention of one of the other IMAGINE designated representatives identified.
Early reporting and intervention have proven to be the most effective method of
resolving actual or perceived incidents of harassment. Therefore, while no fixed reporting period
has been established, IMAGINE strongly urges the prompt reporting of complaints or concerns
so that rapid and constructive action can be taken. IMAGINE will make every effort to stop
alleged harassment before it becomes severe or pervasive, but can only do so with the
cooperation of its staff/employees.
IMAGINE will conduct discreetly a prompt, thorough and impartial investigation, as
confidentially as possible under the circumstances in accordance with Section 7 of the National
Labor Relations Act. The investigation may include individual interviews with the parties
involved and, where necessary, with individuals who may have observed the alleged conduct or
may have other relevant knowledge. The employees confidentiality and that of any witnesses
and the alleged harasser will be protected against unnecessary disclosure in accordance with
Section 7 of the National Labor Relations Act. When the investigation is completed, the
employee will be informed of the outcome of the investigation. Employees who raise concerns
and make reports in good faith can do so without fear of reprisal; at the same time employees
have an obligation to cooperate with IMAGINE in enforcing this policy and investigating and
remedying complaints.
The availability of this complaint procedure does not preclude individuals who believe
they are being subjected to harassing conduct from promptly advising the offender that his or
her behavior is unwelcome and requesting that it be discontinued.
Any employee who becomes aware of possible discrimination or sexual harassment
against others should promptly advise the Human Resources Director and or the Executive
Director or any other appropriate member of management.
Employees who have experienced conduct they believe is contrary to this policy have an
obligation to take advantage of this complaint procedure. An employee's failure to fulfill this
obligation could affect his or her rights in pursuing legal action. Federal, state and local
discrimination laws establish specific time frames for initiating a legal proceeding pursuant to
those laws.
Anyone found to have engaged in such wrongful behavior or any employee who
intentionally and knowingly files a false claim or charge of harassment will be subject to
disciplinary action, up to and including termination of employment.

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Affirmative Action Policy


It is IMAGINEs policy to provide equal employment opportunity to all employees and
applicants for employment without regard to race, creed, color, religion, national origin, age,
gender identity, the status of being transgender, gender dysphoria, disability, marital status,
partnership status, sexual orientation, affectional preference, familial status, caregiver status,
veteran status, amnesty, military status, alienage or citizenship status, unemployed status,
pregnancy, genetic predisposition or carrier status, protected characteristic of his/her relatives,
friends or associates or any other characteristic protected by applicable federal, state or city
law, in accordance with all applicable laws, directives and regulations of federal, state and city
entities. This policy applies to all the terms and conditions of employment including, but not
limited to hiring, placement, promotion, termination, layoff, recall, transfer, leave of absence,
compensation and training. Advancement to positions of greater responsibility is based on an
individuals abilities and demonstrated performance.
IMAGINE is committed to Equal Employment Opportunity and as part of our Affirmative
Action Plan, we shall:
Recruit, hire, upgrade, train and promote in all job classifications, without regard to race,
creed, color, religion, national origin, age, gender identity, the status of being transgender,
gender dysphoria, disability, marital status, partnership status, sexual orientation, affectional
preference, familial status, caregiver status, veteran status, amnesty, military status, alienage or
citizenship status, unemployed status, pregnancy, genetic predisposition or carrier status,
protected characteristic of his/her relatives, friends or associates or any other characteristic
protected by applicable federal, state or city law, in accordance with all applicable laws,
directives and regulations of federal, state and city entities;
Base employment decisions on the principles of Equal Employment Opportunity, and
with the intent to further IMAGINEs Affirmative Action commitment;
Ensure that all terms and conditions of employment such as compensation, benefits,
layoff, return from layoff, IMAGINE-sponsored training, educational tuition assistance, social and
recreation programs, shall be administered in accordance without regard to race, creed, color,
religion, national origin, age, gender identity, the status of being transgender, gender dysphoria,
disability, marital status, partnership status, sexual orientation, affectional preference, familial
status, caregiver status, veteran status, amnesty, military status, alienage or citizenship status,
unemployed status, pregnancy, genetic predisposition or carrier status, protected characteristic
of his/her relatives, friends or associates or any other characteristic protected by applicable
federal, state or city law, in accordance with all applicable laws, directives and regulations of
federal, state and city authorities;
Ensure that promotion decisions will be made in accordance with the principles of Equal
Employment Opportunity and Affirmative Action by imposing only valid requirements for
promotional opportunities;
Take action to prevent harassment, including sexual harassment or intimidation of all
employees, particularly those encompassed by IMAGINEs affirmative actions efforts.
IMAGINE will vigorously pursue opportunities to recruit and develop job candidates who
have the desire and potential for becoming qualified employees through our Affirmative Action
Program.
Management performance in this program will be evaluated, as is performance in other
IMAGINE goals. The Human Resources Director has been assigned responsibility for the
implementation and administration of the Affirmative Action Program. S/he also has been
designated to develop and administer the Affirmative Action Program and ensure that the intent
and practice of this policy is carried out.
IMAGINE encourages any employee to raise questions he or she may have regarding
Equal Employment Opportunity and the Affirmative Action Program.

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For disabled and Vietnam Era Veterans, IMAGINE will not discriminate against any
employee or applicant for employment in regard to any position for which the employee or
applicant is qualified. IMAGINE will take affirmative steps to employ and advance in
employment, qualified disabled veterans and veterans of the Vietnam Era at all levels of
employment, including the executive level and employment practices, such as the following:
recruitment process, employment upgrading, demotion, transfer, training, rate of pay,
termination, layoff and other forms of compensation.
It is the policy of IMAGINE to provide reasonable accommodations to persons with
disabilities who are otherwise qualified for employment for which they are applying or in which
they are employed. Reasonable accommodations can assist IMAGINE, as employers to:
overcome otherwise extraordinary employment practices, policies and consequences; provide
the opportunity for participation in education and training programs which are available to other
qualified employees; enhance upward mobility for employees previously restricted to lower
levels; and assure the accessibility of procedures for swift and judicious resolution of complaints
of discrimination consistent with this policy; other applicable statutes or regulations.
The Human Resources Director for IMAGINE has been designated to oversee the
implementation of the policy with this company. Please address all inquires to the Human
Resources Director at 718-960-8553.

Employment-At-Will
All IMAGINE employees are at-will. Your employment is not for any specific time.
IMAGINE may terminate the employment relationship at any time, with or without notice, reason
or cause. Employees may resign at any time, with or without notice, reason or cause.
Information contained in this Handbook does not constitute an employment contract or
agreement, expressed or implied, between IMAGINE and its employees. No Director or
representative of IMAGINE, other than the President of IMAGINE, has any authority to enter into
any agreement contrary to the foregoing employment at will relationship.

Domestic Violence and the Workplace


Domestic or dating violence, sexual assault or stalking is behavior that will not be
tolerated. IMAGINE will actively provide information and support to employees who are victims
of such abuse. Information related to an employee being a victim of such abuse will be kept
confidential, to the extent permitted by law and company policy, and will not be divulged without
the written consent of the victimized employee, unless the company determines that maintaining
said confidentiality puts the victim, families or other employees at risk of physical harm, is
required by law, or is deemed necessary to enforce an order of protection. In these
circumstances, only those individuals as deemed necessary by IMAGINE to protect the safety of
the victim and/or other employees or to enforce an order of protection will be given such
information. In addition, IMAGINE will disclose only the minimum amount of information
necessary. Where possible, IMAGINE will provide to the victim of such abuse notice of the
intent to provide information to other employees and/or those responsible for safety.
IMAGINE will comply and assist with enforcement of all known court orders of protection,
particularly orders in which abusers have been ordered to stay away from the work site.
IMAGINE will contact the appropriate law enforcement agency if they observe anyone engaging
in threatening behavior. IMAGINE may consult with victimized employees to develop and
implement individualized workplace safety plans. IMAGINE will comply with the New Jersey
SAFE Act for all State of New Jersey employees.
IMAGINE will ensure that policies and procedures do not discriminate against victims of
such abuse, including victims living in a shelter, and are responsive to the needs of victims of
domestic or dating violence, sexual assault or stalking. IMAGINE will allow time off or a leave of
absence for victims or subpoenaed witnesses to exercise his/her rights as provided in the

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Criminal Procedure Law, the Family Court Act, and the Executive Law [Penal Law 215.14]. If
there are any questions or concerns regarding the time off or leave of absence that must be
granted to victims or subpoenaed witnesses, contact the Human Resources Director. In
addition, employees that request time off to care for and/or assist a family member who has
been a victim of such abuse, Human Resources will evaluate the employees request for leave
for eligibility under existing law applicable to the employee and the attendance rules.
IMAGINE will consult with the employee to identify what documentation s/he might have,
or be able to obtain that will not compromise his/her safety-related needs and will satisfactorily
meet the documentation requirement of IMAGINE. Any employee obtaining a court order
against another individual should provide a copy of the court order and photograph of the
individual. Because there are confidentiality issues associated with the submission of
documentation in these instances, the Center Director should consult with the Human
Resources Director.
Employees who are victims of domestic violence and who separate from a spouse (or
terminate a relationship with a domestic partner, if covered), shall be allowed to make
reasonable changes in benefits at any time during the calendar year where possible, in
accordance with statute, regulation, contract and policy.
IMAGINE prohibits inquiries about a job applicant's current or past domestic violence
victimization, and prohibits employment decisions to be based on any assumptions about or
knowledge of such exposure.
New York State law prohibits insurance companies and health maintenance
organizations from discriminating against domestic violence victims. The law prohibits
designation of domestic violence as a pre-existing condition. An insurance company cannot
deny or cancel an insurance policy or require a higher premium or payment because the insured
is or has been a domestic violence victim.
In cases in which it is identified that an employee's work performance difficulties are a
result of being a victim of domestic or dating violence, sexual assault or stalking, said employee
shall be afforded all of the proactive measures outlined in this policy, and shall be provided clear
information about performance expectations, priorities, and performance evaluation. If a
disciplinary process is initiated, special care will be taken to consider all aspects of the
victimized employee's situation, and all available options in trying to resolve the performance
problems will be exhausted.
If reasonable measures have been taken to resolve domestic or dating violence-related
performance problems of victimized employees, but the performance problems persist and the
employee is terminated or voluntarily separates from employment, IMAGINE will inform the
employee of his or her potential eligibility for unemployment insurance and respond quickly to
any requests for information that may be needed in the claims process. New York State law
provides that a victim of domestic violence who voluntarily separates from employment may,
under certain circumstances, be eligible for unemployment insurance benefits.
Employees can call the New York State Domestic Violence and Sexual Assault hotline at
800-942-6906 for assistance.

Ethics
IMAGINE supports and follows the NAEYC Code of Ethical Conduct. The Core Values
all employees are expected to follow are:
Appreciating childhood as a unique and valuable stage of the human life cycle
Basing our work with children on knowledge of child development
Appreciating and supporting the close ties between the child and family
Recognizing that children are best understood and supported in the context of family,
culture, community, and society

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Respecting the dignity, worth, and uniqueness of each individual (child, family member,
and colleague)
All employees are expected to follow the Principle that defines IMAGINEs practices,
Above all, we shall not harm children. We shall not participate in practices that are
disrespectful, degrading, dangerous, exploitative, intimidating, emotionally damaging or
physically harmful to children. These same principles shall be maintained in interactions with
family members and co-workers. Breaches of Imagine policy by coworkers, parents or visitors
to the Center should be reported to an Imagine Administrator immediately (Director, Executive
Director, Assistant or Associate Director, President, or Human Resources Director. Reports of
suspected misconduct may also be reported anonymously by phone or in writing to the Human
Resources Director). Employees who witness a severe breach of policy and fail to report it may
be subject to disciplinary action up to and including termination of employment.

GINA
IMAGINE complies with the Genetic Information Nondiscrimination Act of 2008 (GINA)
and is covered by GINA Title II. IMAGINE is prohibited from requesting or requiring genetic
information of an employee, individual or family member of the individual, expect as specifically
allowed by this law. To comply with this law, we are asking that you not provide any genetic
information when responding to this request for medical information. Genetic Information, as
defined by GINA, includes an employee or individuals family medical history, the results of an
employee, individuals or family members genetic tests, the fact that an employee, individual or
an individuals family member sought or received genetic services, and genetic information of a
fetus carried by an employee, individual or an individuals family member or an embryo lawfully
held by an employee, individual or family member receiving assistive reproductive services.

ACA Policy
IMAGINE will report annually to the IRS on the health coverage provided to full-time
employees irrespective of job title (including substitutes and temporary staff) that work on
average thirty (30) hours of service per week under the shared responsibility portion of the
Affordable Care Act (ACA). Statements will also be provided annually to employees regarding
health insurance coverage.
IMAGINE will make an offer of medical insurance that is affordable, has minimum value
and minimum essential medical coverage to all full-time employees as categorized in this policy.
IMAGINE utilizes the standard measurement period of twelve (12) months for variable
employees to determine their eligibility. The administrative period for variable employees is for
two (2) months. All employees schedule to work a regular shift of 30 hours or more will be
offered medical insurance that is effective the 1st day of the month after two (2) months of
employment. A common law employee, those that are under contract with an agency, are not
eligible for medical insurance under the ADA with IMAGINE, as is dictated in the client service
agreement.
All eligible employees must either enroll in the affordable medical plan offered or decline
and waive, and are required to do so in ADP-Workforce Now upon initial eligibility, and
thereafter, during every open enrollment.

Health Information Privacy Practices (HIPAA)


Imagine Early Learning Centers considers personal information to be confidential. We
protect the privacy of that information in accordance with federal and state privacy laws, as well
as our own company privacy policies.
Our employee health Plan may use or disclose medical information about participants
(employees and covered spouses and dependents) as required for purposes of administering
the Plan, such as reviewing and paying claims and utilization review. Some of these functions

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may be handled directly by our employees who are responsible for overseeing the operation of
the Plan, while other functions are performed by other companies under contract with us to
provide services to the Plan (business associates). Regardless of who handles medical
information for the Plan, the Plan has established policies and entered into formal agreements
with our business associates that are designed to prevent the misuse or unnecessary disclosure
of protected health information.
As required by Federal law, this Notice is being provided to you to describe the Plans
health information privacy procedures and policies. It also provides details regarding certain
rights you may have under Federal law regarding medical information about you maintained by
the Plan.
You should review this Notice carefully and keep it with other records relating to your
health coverage. The Plan is required to abide by the terms of this Notice while it is in effect.
This Notice is effective April 14, 2004, and will remain in effect until it is revised.
If the Plans health information privacy policies and procedures are changed so that this
Notice is no longer accurate, the Plan will provide a new updated Privacy Notice. The Plan
reserves the right to apply any changes in its health information policies retroactively to all
health information maintained by the Plan, including information received or created before the
policies were revised.

Protected Health Information


This Notice applies to health information held by the Plan that includes identifying
information about you (or your spouse or dependents). Such information, regardless of the form
in which it is kept, is referred to in this Notice as Protected Health Information, or PHI. For
example, any health information that includes details such as your name, street address, dates
of birth, or social security number is PHI. However, information that does not include such
identifying details may be considered PHI if that information could reasonably be expected to
allow the person reviewing that information to identify you as the subject of the information.
Information that the Plan possesses that is not PHI is not covered by this Notice and such
information may be used for any purpose that is consistent with applicable law and with the
Plans policies and requirements.

How the Plan Uses or Discloses Protected Health Information


PHI may be used or disclosed by the Plan as necessary for the operation of the Plan.
Specifically, PHI may be used or disclosed for the following purposes:

Payment: If the Plan needs PHI to help pay for your covered services, the Plan may use or
disclose PHI in a number of ways in conducting utilization and medical necessity reviews;
coordinating care; determining eligibility; collecting payroll deductions; calculating cost-sharing
amounts; reviewing claims or making payment to our health plan claims administrator or for
similar payment-related purposes. The Plan may use that information or request that
information, and review the information for payment purposes.

Other Health Care Operations: The Plan may also use PHI as needed for various purposes
that are related to the operation of the Plan. These purposes include quality assessment and
review programs, utilization review programs, contacting providers or participants regarding
treatment alternatives, renewals of insurance or reinsurance contract and other functions that
are appropriate for purposes of administering the Plan. Most of these health care operations are
handled by our business associates.
The Plan may contact you with treatment reminders, treatment alternatives or other
health-related benefits or services that may be of interest to you, generally through our business
associates.

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Any information possessed by one Health Plan that is subject to this Notice may be used
or disclosed to another Health Plan that is subject to this Notice if appropriate for the payment,
treatment or other health care operations purposes described above.

In addition to the typical Plan purposes described above, PHI may also be used or
disclosed as permitted or required under applicable law for the following purposes:

Use Or Disclosure Required By Law: If the Plan is legally required to provide PHI to a
government agency or anyone else, it will do so. In such cases, the Plan will make reasonable
efforts to avoid disclosing more information than required by applicable law.

Disclosure For Public Welfare: The Plan may disclose PHI to address matters of public
interest as required or permitted by law (for example, child abuse and neglect, threats to public
health and safety, and matters of national security).

Health Oversight Activities: The Plan may disclose PHI to health oversight agencies,
including state insurance departments, boards of pharmacy, U.S. Food and Drug
Administration, U.S. Department of Labor and other Federal, State, or local agencies that are
responsible for overseeing the health care system or particular government program for which
health information is needed, for oversight activities authorized by law.

Disclosures For Judicial And Administrative Proceedings: The Plan may disclose PHI in
response to a court order or other lawful process.

Disclosures For Law Enforcement Purposes: The Plan may disclose PHI for a law
enforcement purpose to a federal, state or local law enforcement official if certain detailed
restrictive conditions are met.

Disclosures For Research Purposes: If certain detailed restrictions are met, the Plan may
disclose PHI for research purposes.

Disclosure For Workers Compensation Purposes The Plan may disclose PHI as authorized
by and to the extent necessary to comply with laws relating to workers compensation or other
similar programs.

Uses and Disclosures Not Mentioned Above: Authorization Required


The Plan will not use or disclose PHI for any purpose that is not mentioned above except
as specifically required or permitted by law or authorized by you. If the Plan needs to use or
disclose PHI for a reason not listed above or required or permitted by law, it will request your
permission for that specific use and will not use PHI for that purpose except according to the
specific terms of your authorization. You may complete an Authorization Form if you want the
Plan to disclose health information to someone else at your request, for any reason.
Any authorization you provide will be limited to specific information, and the intended use
or disclosure as well as any person or organization that is permitted to use, disclose or receive
the information must be specified in the Authorization Form. Also, an authorization is limited to
a specific limited time period and it expires at the end of that period. You always have the right
to revoke a previous authorization by making a written request to the Plan. The Plan will honor
your request to revoke an authorization but the revocation will not apply to any action that the
Plan took in accord with the authorization before you informed the Plan that you were revoking
the authorization.

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Your Health Information Rights


Under Federal law, you have the following rights:

You may request restrictions with regard to certain types of uses and disclosures. This
includes the uses and disclosures described above for treatment, payment and other health
plan operations purposes. We may consider but may not agree to such requests. If the Plan
agrees to a restriction you request, it will abide by the terms of that restriction. However, under
the law, the Plan is not required to accept any restriction.

If PHI is being provided to you, you may request that the information be provided to you
in a confidential manner. This right applies only if you inform the Plan in writing that the
ordinary disclosure of part or all of the information might endanger you. For example, an
individual may request that information about certain types of treatment be sent to a different
address than the home address. The Plan will honor such requests as long as they are
reasonable.

You may request access to certain medical records possessed by the Plan and you may
inspect or copy those records. This right applies to all enrollments, claims processing,
medical management and payment records maintained by the Plan also to any other
information used to make decisions about you or your health coverage. We may ask you to
make your request in writing and, in certain cases, may deny the request.

You may request that Protected Health Information maintained by the Plan be amended.
If you feel that certain information maintained by the Plan is inaccurate or incomplete, you may
request that the information be amended. The Plan may deny your request if it finds that the
information is accurate and complete. If the Plan denies your request, you may file a written
statement of disagreement. The Plan will normally respond to a request for an amendment
within 60 days after it receives your request. In certain cases, the plan may take up to 30
additional days to respond to your request.

You have the right to receive details about certain non-routine disclosures of health
information made by the Plan. You may request an accounting of all disclosures of health
information made by the Plan about you, such as disclosures of health information to
government agencies, with certain exceptions. The request will not apply to any disclosures
made before April 14, 2004 or for any period earlier than 6 years from the date your request is
properly submitted to the Plan. If you request an accounting of disclosures more than once in a
12-month period, the Plan may charge you a reasonable fee.

You have the right to receive a paper copy of this Privacy Notice. If the Plan provides this
Notice to you in an electronic form, you may request a paper copy and the Plan will provide one.

You have the right to receive a notice if a breach of your unsecured PHI occurs. If there
is a security breach and your unsecured PHI is accessed or disclosed, you will receive a
notification of the breach to your last known address within 60 days of the discovery of the
breach. The notification will include:
specific information about the breach including a brief description of what happened,
a description of the types of unsecured PHI involved in the breach
any steps you should take to protect yourself from potential harm resulting from the
breach

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a brief description of what the Plan is doing to investigate the breach, mitigate the harm
to you and protect against further breaches;
contact information for you to ask questions or learn additional information.

Health Information Complaint Procedures


If you believe your health information privacy rights have been violated, you may file a
complaint with the Plan. To file a complaint, you should contact:

Josephine Wong
Human Resources Director
250 Bedford Park Boulevard West
Bronx, NY 10468
(718) 960-8553

In addition to your right to file a complaint with the Plan, if you feel your privacy rights
have been violated, you may file a complaint with the U.S. Department of Health & Human
Services and we will provide you with an address upon your request. You will never be
penalized or retaliated against in any way as a result of any complaint that you file.

Additional Information
After reading this Notice, if you have any questions about the Plans health information
privacy policies and procedures or if you need additional information, you should contact:

Josephine Wong
Human Resources Director
250 Bedford Park Boulevard West
Bronx, NY 10468
(718) 960-8553

No Smoking or e-Cigarettes Policy


IMAGINE is dedicated to providing a healthy, comfortable, safe and productive
environment for its employees, children, parents and visitors. Absolutely NO smoking, including
e-cigarettes, is allowed at the Centers which includes, bathrooms, kitchen and playground
areas. Additionally, smoking is NOT permitted at any time or place while supervising the
children, including all off premises activities. Employees who do smoke must be smoke free
(cannot smell of smoke) when working with children. Employees found to be in violation of
IMAGINEs policy regarding smoking will be subject to disciplinary action. Tobacco products and
e-cigarettes are covered under this No Smoking Policy.

Safety
IMAGINE places great emphasis on safety requiring diligent and conscientious work
habits on the part of every employee.
Every incident/accident involving a child must be reported to the Director immediately. It
will be investigated and the cause or causes corrected. An Incident/Accident Report must be
filled out by the staff, signed by a parent, and handed in to the Director by the end of the day of
the incident. The parent will be given a copy of the report and the original will remain in the
childs file at the Center.
Every employee is responsible to know their Centers emergency procedures including
first aid, fire drill /evacuation, and protocol for medical emergencies.

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Employees are asked to help prevent injuries by observing the following


workplace safety responsibilities, rules and regulations:

Report all accidents no matter how slight, to your Director, or designated representative
in charge, immediately. Report any hazard, practice, unsafe or potentially unsafe
condition you think might cause injury and/or damage to your Director immediately.
Do not use any equipment or toys which, in your opinion, are not in a safe condition.
Report immediately any condition that you believe is unsafe to your Director verbally or
use the Report of Unsafe Condition form.
Do not sit on chairs that are designated for children. Use the appropriate teacher chairs.
Never use your chair as a ladder.
Obey all safety rules, government regulations, signs, markings, and instructions. Be
particularly familiar with the rules and regulations that apply directly to you in the area in
which you work (i.e. age group of children, physical space).
Do not block any fire doors, fire exits, fire extinguishers, windows or doorways.
When lifting, use the approved lifting technique Tighten your stomach musculature as
you lift. This helps the muscles to provide a corset-like support to the spine. Bend at
your knees and hips, not at the waist, and bring the item or child close to your body
before lifting. Do not twist or turn when lifting. Twisting stresses the muscles, ligaments,
and joints of the spine complex. Avoid repetitive lifting from the floor. Have the children
pick up toys and other items from the floor.
With close and continuous supervision, allow children to climb on the steps up to the
changing tables or other places where they would ordinarily be lifted.
The spine is not supported when you sit in a slumped position. This can be avoided by
sitting with low-back support, such as sitting against the wall when you are on the floor,
using the back support floor chair, or a small pillow for your back.
Always use appliances, equipment and toys as directed by the manufacturer. Use them
safely. If you are not familiar with the safe way to use a particular appliance, equipment
or toy ask your Director.
Keep drawers and cabinets closed when not in use. Never open more than one drawer
at a time; the cabinet may get out of balance and tip forward. Always store heavy
material in bottom drawers and lightweight papers in upper drawers. Avoid overloading
or overcrowding.
Good housekeeping must always be practiced. Return all toys, brooms, appliances,
equipment, materials, to their proper places when you are finished with them. Keep
floors clean and passageways clear. Poor housekeeping wastes time, energy, and
materials, and often results in injury. Neat areas are safe areas.
Proper footwear is required at all times. See Dress Code and Professional Appearance
Policy.
All safety policies must be maintained when off premises with the children.

All employees will be provided care, first-aid and emergency service, as


required, for injuries or illnesses while on IMAGINEs premises.

Compliance with safety rules and regulations is a condition of employment. Employees,


who disregard their safety responsibilities, will be subject to disciplinary action, up to and
including, termination of employment. A malicious or extreme safety infraction can result in
immediate termination. All disciplinary warnings will remain in an individuals personnel file.

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Substance Abuse Drug Free Workplace


IMAGINE is committed to providing a drug and alcohol free workplace for all its
employees and abides by the Drug-Free Workplace Act. Possession, dispensation, distribution,
manufacture or being under the influence of any illegal drug, alcohol, controlled substance(s),
legal drugs that impair employees significantly on the job or marijuana, which is a controlled
substance under the federal Controlled Substances Act, while on IMAGINEs premises, is
strictly prohibited. IMAGINE reserves the right to require an employee to undergo a medical
evaluation or drug screen at any time during employment and under appropriate circumstances,
such as following a workplace accident or when there are reasonable suspicions that an
employee is under the influence. IMAGINE will not allow an impaired employee to work and may
require a fitness-for-duty examination before taking the employee back to work.
IMAGINE may offer assistance to employees in need of referral. However, current users
of illegal drugs have no ADA protection, even if they are addicted. Employees working in New
York State that are registered medical marijuana users must request reasonable
accommodations by completing the Leave Request Form. Employees may never report to work
under the influence or smell of when working with children. Employees violating this policy may
be subject to required participation in a substance abuse therapy or counseling program and/or
appropriate disciplinary action, up to and including termination of employment.

Workplace Bullying
IMAGINE defines bullying as repeated inappropriate behavior, either direct or indirect,
whether verbal, physical or otherwise, conducted by one or more persons against another or
others, at the place of work and/or in the course of employment. Such behavior violates the
company Code of Conduct, which clearly states that all employees will be treated with dignity
and respect.
IMAGINE will not tolerate bullying behavior. Employees found in violation of this policy
will be disciplined up to and including termination of employment. Where an allegation of
bullying is made, the intention of the alleged bully is irrelevant and will not be given
consideration when meting out discipline. IMAGINE considers the following types of behavior
examples of bullying:

Exclusion: Socially or physically excluding or disregarding a person in work-related


activities.
Verbal bullying: Slandering, ridiculing or maligning a person or his/her family; persistent
name calling that is hurtful, insulting or humiliating; continuous yelling; using a person as
the butt of jokes; abusive and offensive remarks; conduct that is threatening and
intimidating.
Gesture bullying: Nonverbal threatening gestures or glances that convey threatening
messages.

Workplace Violence
IMAGINE is committed to preventing workplace violence and to maintaining a safe work
environment.
All employees, including parents, supervisors, substitutes and temporary employees
should be treated with courtesy and respect at all times. Employees are expected to refrain
from fighting, horseplay, or other conduct that may be dangerous to others. Weapons and other
dangerous or hazardous devices or substances are prohibited from the premises of IMAGINE.
Conduct that threatens, intimidates, or coerces another employee, a child, parent, or a
member of the public will not be tolerated. All threats of (or actual) violence, both direct and
indirect, should be reported as soon as possible to your immediate supervisor and/or any other
member of management, including Human Resources. This includes threats by employees, as

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well as threats by parents, vendors, solicitors, or other members of the public. When reporting a
threat of violence, the employee should be as specific and detailed as possible.
IMAGINE will promptly and thoroughly investigate all reports of threats of (or actual)
violence and of suspicious individuals or activities. The employees identity will be protected as
much as is practical. In order to maintain workplace safety and the integrity of its investigation,
IMAGINE may suspend employees without pay, pending investigation. Anyone determined to
be responsible for threats of (or actual) violence or other conduct that is in violation of these
guidelines will be subject to prompt disciplinary action, up to and including termination of
employment.
IMAGINE encourages employees to bring their disputes or differences with other
employees to the attention of their supervisors or the Human Resources Director before the
situation escalates. IMAGINE is eager to assist in the resolution of employee disputes, and will
not discipline employees for raising such concerns.

NEW EMPLOYEE INFORMATION

Background and Reference Checks


To ensure that individuals who join IMAGINE are well qualified and to ensure that
IMAGINE maintains a safe and productive work environment, it is our policy to conduct pre-
employment background checks on all applicants who accept an offer of employment.
Background checks may include verification of any information on the applicants resume or
application form.
All offers of employment are contingent upon receipt of a background check report that
is acceptable to IMAGINE. All background checks are conducted in conformity with the Federal
Fair Credit Reporting Act (FCRA), the Americans with Disabilities Act, Fair Chance Act, and
state and federal privacy and anti-discrimination laws. Reports are kept confidential and are only
viewed by individuals involved in the hiring process.
If information obtained in a background check would lead IMAGINE to deny
employment, IMAGINE will abide by FCRA guidelines, which will include, giving the applicant a
copy of the report, and a copy of A Summary of Your Rights Under the Fair Credit Reporting
Act. In addition, the applicant will have the opportunity to dispute the reports accuracy.
Background checks may include a criminal record check or child abuse maltreatment
record check.

Documents Required Before Employment


Applicants that are offered a position for employment are required to fill out and submit
each of the following documents prior to starting work. Employment is conditional upon
successful completion; therefore, no employee should begin working at IMAGINE without these
documents.
Consumer Report Authorization Form
Scope of Investigation and Fingerprinting/NY-SCR/NJ-CARI Clearances form
Employment Eligibility Verification Form (Federal I-9) with proof of identity and right to
work in the United States from the Lists of Acceptable Documents as required by the
Department of Homeland Security
W-4 tax form
Signed letter of hire and Notice of Payrate and Pay Date
Pre-employment physical (visit within past 6 months)
State Clearance from Child Abuse and Maltreatment (as applicable in NYS)
Group Teacher Profile (as applicable in NYC)

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Three letters of reference, on letterhead


High School Diploma or equivalent GED
BA/MA/MS diploma(s), as applicable
Official college transcript (as applicable)
Proof of state certification, CDA certificate, and or any other applicable certification(s)

Fingerprinting
Fingerprint background checks will be conducted by the designated local licensing
agency at a cost to be paid by the employee and reimbursed by IMAGINE after the third (3rd)
month of employment to full-time and part-time staff working a regularly scheduled shift of
twenty (20) or more hours. GSA Centers require an additional fingerprinting and background
check at no cost to the employee. IMAGINE will follow the guidelines as set forth by the
applicable federal, state and local correction laws in determining an applicant or employees
employment status, to include the New York State Correction Law, New Jersey Opportunity to
Compete Act and the Fair Credit Reporting Act (FCRA).
IMAGINE does not use employment applications that make any inquiries regarding an
applicants criminal record during the initial employment application process. After a conditional
offer is made to the applicant after the first interview, IMAGINE will proceed with the
fingerprinting background check.
All applicants and employees are required to submit documents pertaining to their arrest
when received, including dispositions. When convictions are identified, factors, such as the
nature or gravity of the offense, the time elapsed since the conviction or completion of the
sentence, and the nature of the job or position sought, will be considered. However, applicants
may be barred from employment should it be determined that the arrest information received is
job-related and is not consistent with business necessity. Criminal records will be kept
confidential and use only for the purpose for which they were intended.

Health Certification
As required by the New York City Department of Health and Mental Hygiene, State of
New York or New Jersey, ALL employees and student teachers are required to obtain and
provide, at their own expense, up-to-date health forms, current immunizations and a physicians
certification. This must be done prior to employment and either annually thereafter, or as
required by licensing and/or IMAGINE. Medical examinations are a condition of employment as
per licensing requirements. Employees will be given ample notice to make an appointment with
their doctor. Employees are able to use available sick paid time off hours for a physical
appointment, subject to approval by their Center Director. Failure to maintain updated medical
records puts the program in violation of licensing regulations. Employees must provide the
updated health form by the due date as written on the Notification to Submit Staff Health Form
or you will not be permitted to return to work until it is submitted. Absences for failure to submit a
health form are unpaid. Failure to provide a health form will be subject the employee to
disciplinary action, up to and including termination of employment.

Onboarding/New Hire Orientation


On or prior to their first day of work, all new IMAGINE employees are required to visit the
Human Resources Department and their Center to submit necessary employment documents,
tour the Center, visit their assigned classroom(s), meet staff, parents and children.
All teachers are expected to complete all parts of the training modules and checkpoints,
including any required reading materials, in a successful manner and timeframe.

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All full-time and part-time staff are required to complete a mandatory engagement survey
as part of their onboarding at IMAGINE. We are interested in your feedback regarding your new
hire experience with us.
Within three (3) months after employment, all new IMAGINE employees are required to
visit the Home Office for Orientation which will include a discussion regarding certain policies,
procedures and benefits as outlined in this Employee Handbook. All staff are required to
understand and abide by all policies and procedures in the Employee Handbook.

Qualifications
All teaching staff must meet the qualifications necessary for their position title as outlined
by the center licensing agency and the National Association for the Education of Young Children
(NAEYC). Study Plans to meet requirements must be approved by the Imagine Director,
Executive Director and Licensing Consultant.

Safety Training
All employees are required to be trained and certified in Cardiopulmonary Resuscitation
(CPR) and First Aid. All certifications must be current. IMAGINE will make arrangements for
the course to be given. Each employee must take and successfully complete the course.
All employees are required to have training in Mandated Child Abuse and Maltreatment
Recognition and Reporting once every licensing period. IMAGINE will make arrangements for
this training for employees, which may be taken online.

Testing
No employment test may be used unless authorized by the Human Resources Director,
who will recommend tests for use only after they have been validated for specific jobs within
IMAGINE. Testing by center management is prohibited.

EMPLOYMENT

New York City regulations require all employees to be at least 18 years of age and must
have a H.S. Diploma or GED equivalent.

Employee Classification Categories


All employees are designated as either non-exempt or exempt under state and federal
wage and hour laws. The following is intended to help employees understand employment
classifications and employees employment status and benefit eligibility. These classifications
do not guarantee employment for any specified period of time. The right to terminate the
employment-at-will relationship at any time is retained by both the employee and IMAGINE.

Non-exempt employees are employees whose work is covered by the Fair Labor
Standards Act (FLSA). They are NOT exempt from the laws requirements concerning
minimum wage and overtime.
Exempt employees are staff to include, but not limited to, Assistant Directors, Associate
Directors, Directors and certain administrative staff, who ARE exempt from the minimum
wage and overtime provisions of the FLSA. Exempt employees hold jobs that meet the
standards and criteria established under the FLSA by the U.S. Department of Labor.

IMAGINE has established the following categories for both non-exempt and exempt employees:

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Full Time: Employees who are not in a temporary status and who are regularly
scheduled to work a standard shift of at least 37.5 hours to 40 hours per week with an
additional unpaid one (1) hour meal period each day. Generally, these employees are
eligible for the full benefits package, subject to the terms, conditions and limitations of
each benefits program.
Part Time (Benefits Eligible): Employees who are not in a temporary status and who
are regularly scheduled to work less than the full time schedule, but at least 20 hours
each week. Employees who work more than 6 hours in a day must take a thirty (30)
minute meal period. Regular, part time employees are eligible for some of the benefits
offered by IMAGINE subject to the terms, conditions and limitations of each benefits
program, for example: Part-time employees working a regularly scheduled shift of thirty
(30) or more hours per week are eligible for medical, dental and vision insurance.
Part Time (not Benefits Eligible) - Employees who are regularly scheduled to work a
standard shift of less than twenty (20) hours per week. Employees who work more than
6 hours in a day must take a thirty (30) minute meal period.
Per Diem/Substitute - Employees who work on an as needed basis. No benefits are
provided to such employees. The need may be on an hourly basis or a daily basis.
Employees who work more than 6 hours in a day must take a thirty (30) minute meal
period.
Temporary, Full Time: Employees who are hired as interim replacements to temporarily
supplement the workforce or to assist in the completion of a specific project and who are
temporarily scheduled to work the companys full-time schedule for a limited duration.
Employment beyond any initially stated period does not in any way imply a change in
employment status.
Temporary, Part Time: Employees who are hired as interim replacements to
temporarily supplement the workforce or to assist in the completion of a specific project
and who are temporarily scheduled to work less than the companys full-time schedule
for a limited duration. Employment beyond any initially stated period does not in any way
imply a change in employment status.

Temporary, substitute and seasonal workers are not eligible for IMAGINE benefits unless
specifically stated otherwise in IMAGINE policy or are deemed eligible according to federal,
state or local laws and plan documents.

Substitutes, Temporary Staff, and Student Teachers:

1 - are subject to the same screening procedures as regular staff regarding medical
examinations and security screening.
2 - are responsible for assisting classroom teachers under supervision at all times.
3 - may be asked to assist in varying shifts in different classrooms or Centers, excluding
student teachers

Temporary staff will NEVER have sole responsibility of any child in any situation,
unless otherwise indicated by the Director.
Student Teachers will NEVER have sole responsibility of any child in any
situation.

Immigration and Reform Control Act (I-9)


It is the policy of IMAGINE to observe all legal requirements which are specific for
employees pertaining to the proof of their identity and employment authorization.

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After the job applicant accepts the job offer, IMAGINE will ask all individuals to start the
I-9 process before the first day of employment. IMAGINE utilizes e-Verify for successful
electronic completion of the I-9 form. IMAGINE will not delay the start of employment when the
new hire is still in the period allowed by the e-Verify program for resolving the e-Verify case
inquiry. If an extension is required to produce documents needed, the employee may have up to
the number of days applicable by law to submit the appropriate documentation.
IMAGINE will not use early I-9 and e-Verify completion to screen job applicants.
IMAGINE will allow the new hire three (3) business days after the start of their employment to
present a List A document or a List B and a List C document from the I-9 List of Acceptable
Documents (verifying identity and employment eligibility). IMAGINE staff will encourage new
hires to present document(s) of their choosing. If the new hire does not produce qualifying
documents by the end of the three (3) business days, IMAGINE will terminate the new hire for
failing to complete the I-9 verification process.

Job Descriptions
Job descriptions are provided at the time of employment or promotion and shall be
subject to revision. Such revisions will be distributed to each respective employee. As stated in
each employees job description, all licensing/certification requirements must be kept current as
per the Department of Health and Mental Hygiene, OCFS, NJ DYFUS and NAEYC.

Non-Employees
Interns
IMAGINE will follow the New York State and Federal Department of Labor Standards
relative to interns in the workplace.
Volunteers
IMAGINE will follow the federal Fair Labor Standards Act regulation. Volunteers are not
permitted in the workplace.

Other Assignments
All employees may be asked to work at another IMAGINE site. They will be expected to
do so, as well as any other assignment designated by the Director and/or management. All
expenses incurred over and above the employees regular, normal travel expenses will be
reimbursed, as per the Expenses Incurred by Employee Policy.

Promotions
IMAGINE offers employees promotions to higher-level positions when appropriate.
Management prefers to promote from within and may first consider current employees with the
necessary qualifications and skills to fill vacancies, unless outside recruitment is considered to
be in IMAGINEs best interest. Job vacancies are listed on the IMAGINE website. All
employees are encouraged to seek advancement opportunities and to obtain promotion and
career guidance from their Directors and the Human Resources Department. Interested
employees must complete an internal application form and submit their resume and cover letter
to the Human Resources Department. Promotions are made on the basis of job-related
qualifications, experience, satisfactory performance record, potential, seniority, dependability,
attendance, competence, cooperation, punctuality, professionalism, the ability to work well with
other staff and parents and no past counseling or disciplinary actions. Management retains the
discretion to make exceptions to the policy.

Recruitment
Each position is important in delivering the services provided by IMAGINE. Our
employees are selected based upon their ability to perform the essential functions of the job.

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General employment criteria include education, credentials, experience, physical capacity and
willingness to work. IMAGINE employs a Human Resources Coordinator to research, recruit,
screen and identify applicants for current or potential employment within IMAGINE. IMAGINE
has historically enjoyed low staff turnover by offering competitive salaries and benefits.

Restricted Access
In order to provide as much protection as possible for the security of the children and our
employees, as well as our property, key(s), entry swipe cards, and ID cards to any IMAGINE
daycare center and designated office/rooms will be issued only to those employees whose
responsibilities require them and are controlled by the Director and Executive Director.
All employees are required to use key(s) and/or entry swipe cards only during regularly
scheduled work hours to gain access to any IMAGINE daycare center.
Duplication of any key(s), entry swipe cards or ID cards is strictly prohibited. Employees
must report any lost key(s), entry swipe cards or ID cards immediately to the Center Director as
soon as the loss is discovered.
Employees are prohibited to gain access to any IMAGINE daycare center outside of their
regularly scheduled work hours, unless they receive written consent from the President,
Executive Director or Director of IMAGINE.
Any employee that gains access or enters an IMAGINE daycare center outside of their
regularly scheduled work hours without permission will be terminated immediately.
Any employee or former employee that is not regularly scheduled to work cannot enter
any IMAGINE daycare center, unless they follow the Visitors in the Workplace Policy.
Employees are prohibited from using another employees key(s) or entry swipe card. If
this occurs, the employee will be immediately discharged.
Employees must return all key(s), entry swipe cards and ID cards to the Center Director
either on a date designated by the Director prior to their departure from IMAGINE or on their last
day of employment.

Entry Swipe Cards


Employees provided with entry swipe cards are responsible for their card. All employees
are expected to keep it safe and alert the Director immediately if the card is lost. Unless
approved by the Director, employees arrival and departure times should be aligned with their
work schedule. The entry swipe panel is not connected to ADP Workforce Now; therefore,
employees are still required to clock in/out. Swipe date is stored as it is connected to the
sponsoring agency database. The entry swipe card is NOT the property of IMAGINE. All
employees are expected to sign all acknowledgements regarding the use of their entry swipe
card. Any misuse or tampering with the entry swipe card will result in immediate termination of
employment.

Seniority
Seniority is defined as length of continuous full-time service/employment with IMAGINE.

Transfers
Transfer occurs when an employee changes from one position to another; or from one
Center to another. Employee requests for transfers will be accommodated where possible.
Transfers are made on the basis of qualifications, past performance, seniority and the needs of
the Centers. IMAGINE, at its discretion, may need to transfer employees to a different Center.

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WORK SCHEDULE

It is the policy of Imagine to establish the time and duration of working hours as required
by the operations of each Center respectively and any applicable law.

Attendance Policy
Attendance and punctuality are very important parts of the employee job performance.
Attendance is a job-related function, and as such, employees must maintain regular and reliable
attendance consistent with business necessity. An employee who does not come to work
cannot perform any of his/her job functions. Moreover, regular, in-person attendance is an
essential function, and is a prerequisite to essential functions, of most jobs, especially the
interactive ones. IMAGINE must maintain effective levels of staffing in order to serve its
children's needs and comply with required staff-child ratios. In addition, absenteeism places a
burden on other employees who have to perform absent employees duties. For these reasons,
excessive absenteeism will not be tolerated. Directors have the discretion to request a doctors
note or documentation to support any absence within the guidelines under the Sick Time Policy
and as per Article 47 for communicable diseases.
If an employee is out for at least three (3) consecutive days for reasons that relate to a
medical condition, the Director will notify Human Resources of the absence to determine if the
employee is eligible for Family Medical Leave (FMLA) and/or other benefits. The employee must
also provide Human Resources with a physicians statement within three (3) business days.
Depending on the nature of an employees absence, they may be required to follow IMAGINEs
return to work procedure.
IMAGINE will consider it a voluntary resignation and job abandonment should an
employee not call or respond to his/her Director or report to work.

Arrival and Departure


Employees are expected to arrive at the Center and be in their classroom ready to work
at the start of their shift, and must remain in their classroom or assigned area until the end of
their shift. The correct start shift and end time is displayed on the Center clock. Employees
cannot leave the classroom until all of their responsibilities are completed, including but not
limited to, proper classroom coverage, all required paperwork and ensure that remaining
children are in a clean and safe environment. The clock does not indicate departure time.

Absenteeism
IMAGINE recognizes that an employee may not be achieving an acceptable level of
attendance through no fault of his/her own due to legitimate illness or injury. The Director and
Human Resources will attempt to assist these employees, whenever practicable, without
hindering the operations of the Center.

When an employee is unable to report to work, s/he must contact the


appropriate/appointed person by phone (not via email or text) at least 2 hours before
his/her shift begins. His/her responsibility is not complete until s/he has spoken to the
Director or appointed person. The Director has the right to request a doctors note for
any scheduled or unscheduled absence due to illness.
Employees who are out of work, regardless of the reason, must be in touch with the
Director by 3:00 pm each day they are absent to inform the Director to state their
intention to return to work or report another absence for the following day, unless the
length of the absence is pre-determined for daily call-ins and arranged with the approval
of the Human Resources Director,

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In the event an employee is absent due to a medical emergency, and the employee is
not able to contact his/her supervisor, an immediate family member must contact the
Center Director within the timeframes as discussed in this Handbook.
When an employee is absent due to an injury or illness with restrictions, written
verification from their physician(s) will be required to determine their return to work
status. IMAGINE will follow the Return to Work Procedure outlined in this Handbook.
All staff are expected to attend the mandatory conference and development days.

Unauthorized/Unscheduled Absences
IMAGINE gives ample vacation and sick time hours. Management of time off is the
responsibility of all employees and is a condition of employment. Sick time hours are to be used
as per the Sick Days/Hours Policy and cannot be abused. IMAGINE may require an employee
to verify absences on the Verification Form. IMAGINE will take disciplinary action, up to and
including, termination for the following examples of abuse: (1) use of unscheduled sick time on
or adjacent to weekends, regularly schedule days off, holidays, vacation or pay day, (2) taking
scheduled sick time on days when other leave has been denied, and (3) taking sick time on
days when the employee is scheduled to work a shift or perform duties perceived as
undesirable. Therefore, an unauthorized absence may be defined as any time off that an
employee takes without prior approval from the Director. Moreover, if an employee has been
disciplined for sick time abuse and calls out the working day before or after any holiday and/or
scheduled sick, vacation, and does not provide a physicians note, that day will be considered
an unauthorized absence and the employee will not receive pay for that day(s).
Excessive use of vacation time as sick time will be cause for disciplinary action. If an
employee has exhausted all sick time hours, IMAGINE may decide not to allow the employee to
use his/her vacation hours, after the employee has been disciplined for prior sick time abuse.
Directors, at their discretion, may document in an employees performance evaluation
and discipline any employee for documented sick time absence abuse, absences that
demonstrate a pattern, and absences that are excessive.
Excessive unauthorized/unscheduled absences will not be considered as hours worked
for pay purposes and are cause for disciplinary action, up to and including termination of
employment.

Punctuality/Lateness
All employees are expected to be in the classroom at the start of their shift.
Schedules/shifts have been designated to uphold the proper staff/child ratio at all times of the
day. Whenever an employee is late, it creates a staffing problem that can seriously disrupt the
program, including jeopardizing the safety of the children. Employees are required, if possible,
to contact the Center Director regarding their lateness.
The Director will meet with an employee who is late for work to discuss the reasons for
the lateness and attempt to work with the employee to resolve the issue. An employee who has
repeated lateness will be subject to disciplinary action.

Excessive Absenteeism from the Classroom


IMAGINE understands that employees may require to leave the classroom at certain
times of the day and will abide with any federal, state, or city law that may pertain to the
absence from the classroom. However, excessive absenteeism from the classroom due to an
employees negligence may jeopardize the required teacher-to-child ratios, is unacceptable and
may subject the employee to disciplinary action.

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Meal Period
Each non-exempt staff member who works a shift of more than six (6) hours in a day,
which extends over the noonday meal period, must take at least one thirty (30) minute unpaid
meal period within their six (6) hour shift. The noonday meal period is recognized as extending
from eleven oclock in the morning to two oclock in the afternoon. Non-exempt employees who
work at least 7.5 hours in a day are entitled to a one (1) hour unpaid meal period. The meal
period is scheduled by the Director, with consideration given to the needs of other staff and the
children. Employees are to be completely relieved from duty during their meal period. If an
employee is required by a supervisor to perform any work duties while on his or her meal
period, the employee must be compensated for the time spent performing work duties. Failure
to return on time from meal periods will subject the employee to disciplinary action.

Overtime
Should the need arise; a staff member may be required to work overtime. Such work is
regarded as a normal part of the responsibilities of every employee.
Employees, who are non-exempt (employees subject to the minimum wage and
overtime provisions of the Fair Labor Standards Act), other than those positions designated as
exempt, are paid overtime compensation at the rate of one and one-half (1.5) times their regular
hourly rate of pay for each hour, by quarter of an hour, worked in excess of 40 hours per
workweek. Time taken for a meal period is not included as time worked for purposes of
computing overtime. In addition, paid time off, such as holiday, sick and/or vacation pay, does
not apply toward work time. Therefore, employees must physically work 40 hours in a workweek
to receive overtime (i.e. if an employee has used a paid day off or if a holiday falls in the
workweek, the employee is not eligible for overtime until the hours physically worked exceed 40
hours).
Employees may not work hours that extend beyond their normal workweek without
obtaining prior approval from their Director. At the discretion of the Director, overtime hours
worked can be taken off within the same workweek, as long as the total hours worked in the
workweek equals 40 hours. This time off would be substituted for overtime pay.
Any employee that works two distinct jobs at IMAGINE will be paid overtime hours
computed on the regular rate of pay, determined by the weighted average of the two distinct
jobs hourly rates.

Work Shift/Schedule
IMAGINE employees work regularly assigned shifts determined by each Center Director.
Directors will inform employees of their daily schedule of hours of work, including meal periods.
IMAGINE reserves the right to adjust an employees work shift to meet the business needs of
the Center. Employees are required to attend certain Center events, which may require
employees to work past their shift.
Any request for a change in shift/schedule of more than one (1) week must receive
approval in advance. Employees are required to submit requests for shift/schedule changes not
less than two (2) weeks prior to the start of the requested shift, and must complete the
Shift/Schedule Change Request Form located on their ADP Home Page or in the HR website.
Employees requesting shift/schedule changes to attend school must submit requests a
minimum of three (3) weeks prior to the start of the requested shift and submit documentation
as proof of registration and class schedule. Approvals for shift change requests made by
employees are at the discretion of the Center Director. Schedules are not guaranteed for any
specific time and may be required to change as per the business necessity of IMAGINE.
Employees granted a shift/schedule change may be required to remain at the Center and will
not be able to leave at the requested approved departure time due to coverage/ratio issues. For
instance, an employee is granted a shift change due to their class schedule. The Center

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reserves the right to require the employee to remain at work and leave past the requested
approved departure time due to the need for coverage in the classroom.

Workweek
The normal workweek is Monday through Sunday, beginning and ending at midnight on
Sunday, and consisting of (40) forty hours. The regular workweek starts at the beginning of
your shift on Monday and includes all work you perform up to the close of business on Friday.
The normal workday will consist of eight (8) hours of work with an unpaid meal period.

PAYROLL
ADP Workforce Now
IMAGINE is committed to paying its employees on time and accurately while in
compliance with federal and state regulations, including minimum wage hour laws. All New York
State new hires receive the Notice of Acknowledgement of Payrate and Pay Day, including
when wages are reduced. IMAGINE prohibits gender-based pay discrimination when employees
perform equal work in a job that requires equal skill, effort, and responsibility, and that is
performed under similar working conditions. Employees receive equal pay when working within
the same county, as per New York State law. Pay differences are based on one or more of a
limited number of factors: a bona fide factor other than sex, such as education, training, or
experience; a seniority system; and/or a merit system.
Accurate time records reflect when employees begin and end each work period,
including in and out time recorded for meal periods. The Workforce Now timecard system is an
efficient tool for time keeping compliance, as it will automatically record holidays, calculate total
hours worked and overtime, in addition to displaying accrued sick and vacation balances.
Attendance records are IMAGINE records, and care must be exercised in recording the
hours worked and absences. Each employee is responsible only for his/her own timecard. All
absences from work must be appropriately recorded. See request time off under the Vacation
and Sick Paid Time Off Policies.Tampering with, falsifying, or altering timecards will result in
disciplinary action, up to and including termination of employment.

Employees Role
Employees are required to maintain accurate daily timecard records. Employees are not
to clock in or out for other employees. All non-exempt employees must clock in the time they
arrived, clock out the time they departed, each day, and entries must be made daily when
entering or leaving the building. Employees are not permitted to clock in or begin work before
their normal starting time or to clock out or stop work before their normal quitting time without
their Directors prior approval. Employees are required to take scheduled meal periods.
Employees are required to sign the Timecard Issues Log next to the correction, as noted by the
supervisor.

Supervisors Responsibilities
Supervisors are responsible for timely approval of time records to process payroll based
on the payroll calendar. There are times when a holiday will make it necessary to change the
Workforce Now closing date. Supervisors will receive timely notification when this is scheduled
to occur. Supervisors should not approve time records before the time is worked. Changes may
not be made to avoid overtime or other penalties. Supervisors are required to make appropriate
changes to time records to ensure records accurately reflect the hours worked. If changes need
to be made to the employees timecard, record changes on the Timecard Issues Log.
Supervisors must personally approve the time records. Supervisors can arrange in advance for
a back-up supervisor to approve records in their absence.

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Email Notifications
Directors will receive email notifications from employees requesting paid time off.
Supervisors are expected to notify by email the approval or disapproval of time off in a timely
manner, preferably no later than one (1) week after the request.

Compensation/Paycheck Policy
It is our policy and practice to accurately compensate employees and to do so in
compliance with all applicable state and federal laws. Non-exempt employees hours are
tracked in fifteen (15) minute intervals, as per FLSA guidelines. To ensure that you are paid
properly for all time worked and that no improper deductions are made, you must record
correctly all work time and must review your paychecks promptly to identify and to report all
errors. IMAGINE will make good-faith efforts to correct mistakes when alerted to them. You also
must not engage in off-the-clock or unrecorded work.

Cashing Your Check


Any employee receiving a live check, not direct deposit, and decides to cash their check
prior to the paycheck date will be responsible for this cost and must reimburse IMAGINE. In
addition, if this practice continues, the employee will be subject to disciplinary action.

Review Your Pay Stub


We make every effort to ensure our employees are paid correctly. Occasionally,
however, inadvertent mistakes can happen. When mistakes do happen and are called to our
attention, we promptly will make any correction that is necessary. Please review your pay stub
when you receive it to make sure it is correct. If you believe a mistake has occurred or if you
have any question, please use the reporting procedure outlined below.

Non-exempt Employees
All timecards must accurately reflect all regular and overtime hours worked, any
absences, early or late arrivals, early or late departures and meal period. At the end of each
pay period, Directors and Time and Attendance Supervisors will verify and approve timecards.
When you receive each paycheck, please verify immediately that you were paid correctly for all
regular and overtime hours worked each workweek.
During inclement weather closures, employees who report to work when a child care
center is closed or not operating at full capacity or when a Center Director sends an employee
home for the day, they are paid the following, according to the state they work in. Accrued paid
time off can be used to pay the remaining hours for the employees regular or scheduled shift
hours for the day.
New York State employees will be paid at least four (4) hours, or the number of hours in
their regularly scheduled shift (whichever is less) at the basic minimum hourly wage for
employees who actually report for work. Directors may choose to pay the employees their
regular rate of pay and all regularly scheduled hours the employee would have worked for that
day.
New Jersey State employees who actually report for work will be paid, at a minimum,
one (1) hour at their applicable wage rate, unless, prior to this report to work, the employee
worked their regular minimum number of hours for the week.

Exempt Employees
If an employee is classified as an exempt salaried employee, exempt employees will
receive a salary which is intended to compensate them for all hours that they may work for
IMAGINE. This salary will be established at the time of hire or when they become classified as

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an exempt employee. While it may be subject to review and modification from time to time, such
as during salary review times, the salary will be a predetermined amount that will not be subject
to deductions for variations in the quantity or quality of the work the salaried employee performs.
Exempt employees will receive their full salary for any workweek in which work is
performed. However, under federal law, exempt employees salary is subject to certain
deductions. For example, absent contrary federal (FLSA) and state law requirements, exempt
employees salary can be reduced for the following reasons in a workweek in which work was
performed:
Full day absences for vacation paid time off.
Full day absences for sickness or disability, based on IMAGINEs sick paid time off plan
and short-term disability insurance plan.
Full day disciplinary suspensions for infractions of safety rules of major significance
(including those that could cause serious harm to others).
Family and Medical Leave absences (either full or partial day absences).
To offset amounts received as payment for jury and witness fees or military pay.
Unpaid disciplinary suspensions of one or more full days for significant infractions of
major workplace conduct rules set forth in written policies.
The first or last week of employment in the event the employee works less than a full
week.

Exempt employees salary also may be reduced for certain types of deductions, such as:
employees cost share for health, dental or vision insurance premiums; state, federal or local
taxes, social security; or voluntary contributions to a retirement program or any voluntary benefit
plans they are enrolled in. In any workweek in which exempt employees performed any work,
their salary will not be reduced for any of the following reasons:
Partial day absences for personal reasons, sickness or disability.
Facility is closed on a scheduled workday.
Absences for jury duty, attendance as a witness, or military leave in any week in which
work was performed.
Any other deductions prohibited by state or federal law.
Exempt employees will be required to use accrued vacation and sick paid time off for full
or partial day absences for vacation, personal reasons (including emergency and inclement
weather closings), sickness, and disability. However, your salary will not be reduced for partial
day absences if you do not have accrued paid time off. IMAGINE reserves the right to deduct
from future vacation and/or sick time accrual balances.
If IMAGINE is closed for less than one (1) week due to an emergency closing or
inclement weather, accrued vacation time will be docked. If IMAGINE is closed for an entire
week, IMAGINE may dock the exempt employees pay for the entire week.
If IMAGINE is open and the exempt employee cannot come to work for personal
reasons, including lack of transportation, IMAGINE may dock pay in full-day increments, if
vacation accruals are not available.
Employees in executive, administrative and professional capacities, and certain highly
compensated employees generally are exempt from the provisions of the Fair Labor Standards
Act. These employees are not required to fill out hourly timecards, but must account for daily
attendance.
Exempt employees undergoing initial training for several weeks when hired, will be
categorized as non-exempt.
Exempt employees on a permanent furlough arrangement or permanent reduced work
schedule, whether as an accommodation under the ADA, or otherwise, will have a permanent
adjustment to the exempt employees salary to match. Therefore, IMAGINE will pro-rate the

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exempt employees salary. The salary cannot fluctuate from week to week based on the actual
hours worked. The exempt employee must still receive at least the minimum weekly salary
required by the FLSA at all times.
If you believe that an improper deduction has been made to your salary, you should
immediately report this information to Payroll or the HR Director. Reports of improper
deductions will be promptly investigated. If it is determined that an improper deduction has
occurred, you will be promptly reimbursed for any improper deduction made.

To Report Violations of This Policy, Communicate Concerns, or Obtain More


Information contact the Human Resources Director.

It is a violation of IMAGINEs policy for any employee to falsify a timecard, or to alter


another employees timecard. It is also a serious violation of IMAGINE policy for any employee
or Director to instruct another employee to incorrectly or falsely report hours worked or alter
another employees timecard to under- or over-report hours worked. If any Director or
employee instructs you to, (1) incorrectly or falsely under- or over-report your hours worked, (2)
alter another employees time records to inaccurately or falsely report that employees hours
worked, or (3) conceal any falsification of time records or to violate this policy, do not do so.
Instead, report it immediately to the Human Resources Director.
You should not work any hours outside of your scheduled work day unless your Director
has authorized the unscheduled work in advance. Do not start work early, finish work late, work
during a meal period or perform any other extra or overtime work unless you are authorized to
do so and that time is recorded on your timecard. Employees are prohibited from performing
any off-the-clock work. Off-the-clock work means work you may perform, but fail to report on
your timecard. Any employee who fails to report or inaccurately reports any hours worked will
be subject to disciplinary action, up to and including termination of employment.
If you have questions about deductions from your pay, please contact the HR Assistant
or HR Coordinator immediately. If you believe your wages have been subject to any improper
deductions or your pay does not accurately reflect all hours worked, you should report your
concerns to your Director immediately. If your Director is unavailable or if you believe it would
be inappropriate to contact that person (or if you have not received a prompt and fully
acceptable reply within three (3) business days), you should immediately contact the Human
Resources Director, Josephine Wong at 718-960-8553 or josie@imagineelc.com. If you have
not received a satisfactory response within five (5) business days after reporting your concern to
Human Resources and you are unsure who to contact to correct the problem, please
immediately contact the Vice President, Dawn Barton at 718-960-5676. Every report will be
fully investigated and corrective action will be taken, up to and including discharge of any
employee(s) who violates this policy.
In addition, IMAGINE will not allow any form of retaliation against individuals who report
alleged violations of this policy or who cooperate in IMAGINEs investigation of such reports.
Retaliation is unacceptable. Any form of retaliation in violation of this policy will result in
disciplinary action, up to and including termination of employment.

Deductions
Certain deductions will be made in accordance with federal and state laws. IMAGINE
makes available certain voluntary deductions as part of its benefits programs. If the employee
elects supplemental coverage under one of IMAGINEs benefits plans, which requires employee
contributions, the employees share of the cost will be deducted from his/her check each pay
period. If the employee is not receiving a payroll check due to illness, injury, or leave of
absence, s/he will be required to pay the monthly cost directly to IMAGINE.

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Direct Deposit
Employees may elect to have their paychecks directly deposited to their checking and/or
savings account(s). To activate direct deposit, all employees must sign into their ADP-
Workforce Now accounts and follow the instructions. Due to banking requirements, it may take
up to several pay periods for activation of the direct deposit. Should an employee choose direct
deposit, paychecks will no longer be distributed; and therefore, are available online. IMAGINE
will not charge any fees for services that are necessary for employees to access their wages in
full and will not retaliate against and employee that does not request direct deposit. However, it
is advisable to elect direct deposit. Paychecks will be mailed from the Home Office. IMAGINE is
not responsible for paper paychecks that are not received on the pay date.

Garnishments, Income Executions, Tax Levies and Subpoenas


IMAGINE is obligated to effect garnishments, income executions and tax levies. An
employees wages may be garnished for a number of reasons, including court judgments such
as bankruptcy proceedings, child support and alimony, or delinquent federal or state taxes.
Payroll deductions will be made subject to applicable law. Directors are expected to forward all
subpoenas to the Home Office expediently. Employees will be notified by Human Resources
regarding subpoenas and the documents requested. In addition, if applicable, IMAGINE will
abide by the following: Uniform Wage Garnishment Act, Consumer Credit Protection Acts Title
3 (CCPA), Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and the
Uniform Enforcement of Foreign Judgments Act.

Pay Periods
All employees will be paid every other Friday for a twenty-six (26) paycycle per calendar
year. All paper paychecks will be mailed from the Home Office. It is advisable to elect direct
deposit, as IMAGINE cannot guarantee timely delivery by the United States Post Office. If an
employee cashes a pa prior to the paydate, the employee is responsible for all processing
charges to IMAGINE. Employees that continue to cash earnings statements prior to the
respective paydate will be subject to disciplinary action.
Any arrangements for mailing or pick-up must be made in advance and in writing with
the Human Resources Department. Under no circumstances will IMAGINE release any
paychecks prior to the announced schedule. No salary advances will be made.
In the event of a lost paycheck, the Human Resources Department must be notified in
writing as soon as possible before a replacement check can be issued. In the event the lost
paycheck is recovered and IMAGINE identifies the endorsement as that of the employee, the
employee must remit the amount of the replacement check to IMAGINE within 24 hours of the
time it is demanded.
A statement of earnings is given each pay period to employees, either by paper or
available online, indicating:
1. IMAGINEs full name, address and telephone number
2. Employee name
3. Dates covered by payment (pay period)
4. Basis of payment (hourly or salaried)
5. Rates paid (regular and overtime)
6. Hours worked (regular and overtime)
7. Gross wages
8. Any deductions from wages
9. Net wages
In addition, New York State Wage and Hour Law mandates distribution of Notice and
Acknowledgement of Pay Rate and Payday to all employees. It is expected and required that

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all employees working in the State of New York complete this Notice and return it promptly to
the Human Resources Department.
The amount of Federal withholding is affected by the number of exemptions claimed on
Form W-4, Employee's Withholding Allowance Certificate. If an employee's marital status
changes or the number of exemptions previously claimed increases or decreases, a new Form
W-4 must be submitted to the Human Resources Department or processed by the employee on
ADP Workforce Now, for income tax withholding purposes within ten (10) days of the change.

Travel Time
Non-exempt employees that travel for work will be paid if the following occur:
travel time is outside of normal working hours in emergency situations (e.g., an
employee has gone home at night and is required to travel to perform an emergency job)
travel time is outside of normal working hours in excess of the normal commuting time if
an employee who normally works at a fixed location is given a special one-day
assignment
travel time during normal working hours
any travel time during which an employee is required to perform work
travel time during normal working hours on an overnight business/conference trip, as
well as, the corresponding normal working hours traveled on non-working days (e.g.,
Saturday, Sunday, or holiday observed at IMAGINE).

Normal commuting time to and from work, even if the work site varies and regardless of
duration is not paid. In addition, travel time beyond normal working hours on a business trip that
keeps the employee away from home overnight is unpaid. However, an employee must be paid
for any work performed at any time during the business/conference trip.

Wage Overpayment Recovery Policy


IMAGINE will be in compliance with New York State law regarding recoveries of
salary/wage overpayments made to its employees. Due to errors in processing an employees
time reporting, earnings or leave time, an IMAGINE employee may be paid more than is owed
to them. New York State Labor Law permits an employer to make deductions from an
employees wages for an overpayment of wages where such overpayment is due to a
mathematical or other clerical error by the employer. Regardless of the origin, there is a shared
responsibility between the Employee, Directors, and Payroll to correct the errors and recover
the funds in a timely manner. Recovery of overpayments by wage deduction is limited to
overpayments made in the eight (8) weeks prior to IMAGINE distributing the Notice of Intent to
Commence Deductions to Recover Wage Overpayment. After a final determination has been
made, recovery of overpayments by wage deduction are as follows: (1) where the amount of the
overpayment is less than or equal to the net wages earned after other permissible deductions in
the next wage payment, the employer may recover the entire amount of the overpayment in the
next wage payment, or (2) where the recovery of the overpayment exceeds the net wages after
other permissible deductions in the immediately subsequent wage payment, the recovery
should not cause the gross wages earned in that wage payment to reduce the effectively hourly
wage below the statutory state minimum hourly wage and may not otherwise exceed 12.5% of
the gross wages earned in that wage payment.

Notice of Intent to Recover Wage Overpayment


Payroll will take appropriate action to correct any errors in the payroll system and begin
the notification process by providing each employee who has been overpaid a Notice of Intent
to Commence Deductions to Recover Wage Overpayment form. For instances where the

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entire amount of the overpayment is recovered in the next wage payment, notice shall be given
at least three (3) days prior to the deduction. In all other cases, notice shall be given at least
three (3) weeks before the deductions may commence.
Overpayments can result from inaccurate processing, delays in processing pay-related
information, inaccurate accrual payments, system failures, and clerical error. Employees should
review their salary payments each pay period for accuracy and promptly report any
discrepancies to their Director.

Employee Contesting Overpayment


Employees have the right to contest the overpayment and terms of recovery and/or seek
a delay in the recovery. The timing within which an employee may contest the overpayment (or
terms of recovery or request a delay) is different depending on the timing for recovery of the
overpayment. The timing for contesting is as follows:
(1) For cases in which the Notice of Intent to Commence Deductions to Recover Wage
Overpayment indicates that the entire overpayment will be recovered in the next wage payment,
the employee must dispute within two (2) days) of the date of receipt of the Notice of Intent, but
(2) For cases in which the Notice of Intent to Commence Deductions to Recover Wage
Overpayment indicates that the recovery of overpayment will occur over multiple pay periods,
the employee must dispute within one (1) week from the date of receipt of the Notice of Intent.
If an employee disputes the recovery in a timely manner, IMAGINE will reply within one
(1) week of receipt of employees response. The reply will state IMAGINEs position with regard
to overpayment, including its agreement or disagreement with the employee and the reason
why. The employee also will be given written notice of the right to meet or discuss with Payroll
within one (1) week of receiving IMAGINEs reply to discuss any remaining disagreements
concerning recovery of the overpayment. Within one (1) week of this meeting, the employee will
be sent a written notice of IMAGINEs final determination with respect to recovery of the
overpayment via wage deduction. If the dispute process is undertaken, recovery of overpayment
via deduction may not occur until at least three (3) weeks following the issuance of the final
determination.

Alternative Repayment Options


For cases in which the amount of overpayment to be recovered exceeds the net wages,
an active employee may elect to repay Imagine Early Learning Centers in one of the following
ways:
(1) Payment plan agreed upon by Payroll through a series of payroll deductions not to
exceed four (4) months.
(2) Personal check payable to Imagine Early Learning Centers of the entire amount
within ten (10) days. This recovery method is required by separated employees for
overpayments.

For any questions or clarifications, please contact Payroll at 718-960-8079.

DEVELOPMENT

Performance Evaluation
In order to attract and retain a highly qualified and competent work force, IMAGINE has
instituted a performance management program to compensate employees in a fair and
equitable manner in accordance with its Equal Employment Opportunity policy.
The annual performance evaluation provides a means for discussing, planning and
reviewing the performance of each employee. Performance evaluations identify skills,

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developmental needs to correct weaknesses, encourage and recognize strengths, and discuss
positive, purposeful approaches for meeting goals. All employees will be evaluated continuously
with their supervisors to generate goals and monitor progress.
It is the Directors responsibility to conduct timely appropriate performance reviews.
Generally, formal performance evaluations are conducted initially for new hires after three (3)
and six (6) months of employment, and twice annually thereafter, usually June and December. If
an employee has not received their respective performance review, they must notify their
Director, Executive Director and/or the Human Resources Director. Regular performance
reviews enable employees to clearly understand their responsibilities and goals. Factors to be
considered in the performance evaluation include competence, job performance, cooperation,
dependability, attendance, ability to communicate, punctuality, professionalism and the ability to
work well with other staff and parents.
The annual performance evaluation does not always result in an automatic salary
increase. The employees overall performance, salary level relative to his/her position
responsibilities, required credentials and/or study plan must be evaluated to determine if a
salary increase is warranted, as well as center budget. Salary adjustments are occasionally
requested or warranted at times other than the employees scheduled annual salary reviews.
Out-of-cycle salary increases must be preapproved by the Executive Director and Director.
Human Resources will review all salary increase/adjustment requests to ensure internal equity
and compliance with IMAGINE policies and guidelines.

Staff Development/Conference Days


Training and staff development, applicable to the position, are a requirement for all staff
members. IMAGINE employs a Training Coordinator to assist all Centers in ongoing
professional development. Trainings required by licensing and NAEYC are provided for all staff
during regular work hours. Participation in additional outside conferences, workshops and
courses is an excellent form of professional growth and is encouraged by IMAGINE.
Scheduling arrangements and cost sharing beyond the required trainings IMAGINE provides
must be coordinated with the Center Director. IMAGINE may pay for approved workshop fees
and travel expenses, and may allow staff to attend trainings during work hours, if coverage can
be maintained. While IMAGINE may pay for training fees during off hours, attendance is
voluntary and staff will not be reimbursed for their time due to the addition of a new skill and the
absence of productive work performed.
All employees are required to attend all IMAGINE general staff meetings scheduled
throughout the year. This will include any scheduled meetings other than those scheduled
during school hours, to include evenings or weekends. Time spent at required staff meetings is
considered time worked.
IMAGINEs two (2) Annual Conference Days, usually scheduled in April and October
(Columbus Day), require mandatory attendance by all staff. Failure to attend an annual staff
conference day, without prior approval from the Director, will be considered an unauthorized
absence and the employee will be subject to disciplinary action, up to and including termination.
The employee will also be required to make up the training hours on their own time and at their
own expense.
In addition to the two (2) IMAGINE Annual Conference Days, monthly staff meetings,
and four (4) development/prep days (one (1) in February and three (3) prior to the start of the
school year), outside consultants provide workshops and monthly video trainings to staff at each
Center.

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COMMUNICATIONS AND TECHNOLOGY POLICIES

No employee should expect any privacy except that which is given by law. IMAGINE has
the right to monitor any communications and attachments that utilize IMAGINE networks, both
internally and externally. Management reserves the right to review the activity and analyze
usage patterns. Employees are expected to maintain their IMAGINE user ID and passwords
private. Directors and employees are permitted to communicate with each other by text only for
instances regarding coverage issues due to call-ins.

Bulletin Boards
Check all bulletin boards regularly to obtain important information about IMAGINE
events. Employees cannot post on the bulletin boards without express prior approval form the
Vice President or Human Resources Director. This policy includes electronic bulletin boards.

Cell Phone Use


Personal cell phones must be turned off during working hours and kept secured with
other personal possessions. If indicated by a supervisor, cell phones may be used off premises
and/or in the classroom, for work-related purposes, including picture taking and emergency use
on field trips/playgrounds. Unauthorized use of personal cell phones, including texting, in the
workplace may result in disciplinary action, including confiscation of the cell phone during work
hours and up to termination of employment. Employees are encouraged to limit personal phone
calls of any kind to non-work hours (such calls are permissible during meal periods). Employee
family members should be aware of IMAGINEs cell phone use policy, and instructed to call the
main center phone number to reach employees in an emergency.

Center Telephone
The Centers telephone must be kept open for business and emergency use.
Employees should notify friends and relatives of this policy. Staff will not be called to the phone
for personal phone calls during classroom time unless there is an emergency. Excessive use of
the Center telephone is subject to disciplinary action.
To ensure effective telephone communication, employees should always use the
Centers greeting when answering the phone:
IMAGINE Early Learning Centers, Good morning/afternoon, state your name speaking,
and speak in a courteous and professional manner.

Communications with Outside Parties


IMAGINE strives to anticipate and manage crisis situations in order to reduce disruption
to our employees and to maintain our reputation as a high quality company. To best serve these
objectives, IMAGINE will respond to the news media in a timely and professional manner only
through the designated spokespersons. No news cameras are allowed in the childcare centers
or parking lots without prior approval from IMAGINE Administration.

Email and Internet Use Policy


Every IMAGINE employee is responsible for using the electronic mail (email) system
properly, and in accordance with this policy is expected to login to their IMAGINE email at a
minimum of two (2) times per week. Any questions about this policy should be addressed to the
Human Resources Director. The email system is the property of IMAGINE, and as such, work
email cannot be used for non-work related purposes during work hours. IMAGINE will not open
the corporate email system to outsiders. All communications and information transmitted by,
received from, created or stored in this system are company records and property of IMAGINE.

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Non-exempt employees are prohibited from using the IMAGINE email system for work during
non-working hours. Use of the email system for personal purposes is prohibited.
IMAGINE, in its discretion as owner of the email system, reserves and may exercise the
right to monitor, access, retrieve, and delete any matter stored in, created, received, or sent
over the email system, for any reason and without the permission of any employee.
Users should routinely delete outdated or otherwise unnecessary emails and computer
files. Because email records and computer files may be subject to discovery in litigation,
IMAGINE employees are expected to conduct themselves in a professional manner when using
the email system or computer files.
Although IMAGINE recognizes that the Internet may have useful applications to
IMAGINE's business, employees may engage in Internet use that is job-related, for curriculum
planning, research and homework/study toward education credentials. "Surfing the Net" is not a
legitimate business activity.
Employees should not have an expectation of privacy in anything they create, store,
send, or receive on the computer system. The computer system belongs to IMAGINE.
IMAGINE has the right, but not the duty, to monitor any and all of the aspects of its
computer system. IMAGINE's equal employment opportunity policy and its policies against
sexual or other harassment apply fully to the use of the Internet and any violation of those
policies is grounds for discipline, up to and including termination of employment.
Use of the Internet via IMAGINE's computer system constitutes consent by the user to
all of the terms and conditions of this policy. Violations of this policy may result in disciplinary
action, up to and including termination of employment.

Data Protection and Privacy Policy


Employees should never download apps, files from the Internet, accept email
attachments from outsiders, click on links in unsolicited emails, or utilize flash drives from non-
IMAGINE sources. If an employee suspects that a virus has been introduced, contact the
Human Resources Department immediately. Do not leave devices used for work in car and
employees must report lost or stolen IMAGINE-owned devices immediately. IMAGINE
computers and laptops must have virus protection, and if applicable, firewall software installed
and updated regularly. If an individual is no longer employed by IMAGINE, his or her device can
be wiped clean of IMAGINE data.
Use passwords to prevent unauthorized use of computers make passwords complex
using a combination of numbers, symbols and letters (uppercase and lowercase), change them
regularly, such as every 45 to 90 days. Discarded computers hard drives must be completely
erased. Do not give any user names, passwords or other computer/ website access codes to
anyone. Report all suspicious or unusual problems with your email or computer to the HR
Manager.

iPad/iPod and Accessories Policy


The intent of this policy is to ensure that all iPad/iPod and accessories maintained by
IMAGINE are kept in the best possible working condition and to ensure proper utilization.
No employee shall use the iPad/iPod and/or its accessories for personal use. Alert your
Director to any concerns regarding its condition or malfunction.
All iPad/iPods and accessories will be signed out of the Directors office daily and
returned in similar working order at the end of each day.
Should any employee have knowledge of any misuse, s/he must notify her/his
supervisor immediately.
Any employee found to neglect or misuse IMAGINEs iPad/iPod and/or accessories will
be subject to disciplinary action.

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Social Media Policy


IMAGINE recognizes that social media provides a valuable and important way to
communicate and share opinions and information with family, friends, co-workers, parents and
business associates. However, use of social media also presents certain risks and carries with it
certain responsibilities. IMAGINE has established the following guidelines for its employees use
of social media. These guidelines are designed to ensure that IMAGINE employees who use
social media will not violate any of their responsibilities regarding the protection of IMAGINEs
confidential business information pertaining to children and parents or any of the discrimination
laws, and other laws and regulations that IMAGINE is subject to. The same principle and
guidelines found in IMAGINE policies and practices in this Handbook apply to your activities
online. IMAGINE urges all employees not to post information regarding IMAGINE, their jobs,
parents, children or other employees which could lead to morale issues in the workplace or
detrimentally affect IMAGINEs business. Therefore, keep in mind that any of your conduct that
adversely affects your job performance, the performance of fellow workers or otherwise
adversely affects staff, children, parents, vendors, people who work on behalf of IMAGINE or
legitimate business interests, may result in disciplinary action up to and including termination of
employment. Nothing in this policy will be applied to limit your right to discuss your working
conditions with anyone. Employees have no right of privacy while accessing social media at
work or on IMAGINE-owned equipment.

Guidelines
Social media includes all means of communicating or posting information or content of
any sort on the Internet, including to your own or someone elses weblog or blog, journal or
diary, personal web site, social networking or affinity web site, web bulletin board or a chat
room, whether or not associated or affiliated with IMAGINE, as well as any other form of
electronic communication. Employees are to refrain from using social media while on work time
Ensure that your postings are consistent with IMAGINEs Communications and
Technology Policies, IMAGINEs Discrimination and Harassment Policy, IMAGINEs
Confidentiality Policy and laws protecting proprietary information, with the exception of speech
protected by the NLRA. Inappropriate postings that include discriminatory remarks, harassment,
threats of violence, defamation of fellow professionals- employees-parents/children, discredit
Imagine Early Learning Centers and/or any similar inappropriate or unlawful conduct will not be
tolerated. An employee may be expected to cooperate in any investigation of a complaint,
including providing access to the posts at issue, as per applicable law, should there be a
reasonable belief the account is relevant to a formal investigation or related proceeding
concerning the violation of a federal, state, or local law.
You must identify yourself as an IMAGINE employee in any posts relating to IMAGINE or
your work for IMAGINE. You may not post knowingly false representations about your
credentials or your work. If you decide to post complaints or criticism, avoid using statements,
photographs, video or audio that reasonably could be viewed as malicious, obscene,
threatening or intimidating, or that might constitute harassment or bullying. Examples of such
conduct might include offensive posts meant to intentionally harm someones reputation or
posts that could contribute to a hostile work environment on the basis of race, sex, religion,
national origin, disability, age or any other status or characteristic protected by law or IMAGINE
policy.
Do not cite or reference children or parents without their approval. Respect copyright,
fair use and financial disclosure laws. Statements to discredit IMAGINE or rumors about
IMAGIINE that the employee knows to be false is prohibited. If an employee should post a
statement that is so egregious or demonstrates planned insubordination in specific detail as to
cause harm to IMAGINEs business or neglect job duties, IMAGINE will take disciplinary action,

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up to and including termination of employment. Remember that the Internet archives almost
everything; therefore, even deleted postings can be searched.
Generally, IMAGINE will not require or request prospective and current employees to
disclose their username and password to their personal social media account, unless it is in the
context of investigating misconduct or seeking access to employer-issued devices.
IMAGINE restricts the taking, distributing or posting of pictures, videos or audio
recordings of work areas while on working time, in violation of any law, unless the picture or
recording of work areas is work-related and preapproved by their Director or in furtherance of an
activity protected by the NLRA.
If you have questions or need further guidance, please contact the HR Director.

** For Directors: By virtue of your position, you must consider whether personal thoughts you
publish may be misunderstood as expressing IMAGINE positions. Public forums are not the
place to communicate IMAGINE policies to IMAGINE employees. Managers and supervisors
should think carefully before friending, linking or the like on any social media with any
employees who report to them.

ADMINISTRATIVE POLICIES

Corrective Action Plans Article 47 NY City Health Code


IMAGINE will abide by all requirements as set forth by the Bureau of Child Care when in
receipt of information from The City of New York Department of Investigation regarding an
applicant or employees arrest. All applicants and employees are required to submit documents
pertaining to their arrest when received, including dispositions. When convictions are identified,
factors, such as the nature or gravity of the offense, the time elapsed since the conviction or
completion of the sentence, and the nature of the job or position sought, will be considered.
However, applicants may be barred from employment should it be determined that the arrest
information received is job-related and is not consistent with business necessity. Criminal
records will be kept confidential and use only for the purpose for which they were intended.
If required, IMAGINE will place an employee on a corrective action plan in accordance
with Article 47 of the New York City Health Code and will be in contact with the Safety
Assessment Coordinator. Employees on a corrective action plan must adhere and follow the
requirements of the plan. IMAGINE reserves the right to terminate an employee based on the
findings from The City of New York Department of Investigation.

Dating in the Workplace


Employees are strongly discouraged from forming romantic or sexual relationships,
especially between supervisors and employees. Such relationships can create the impression
of impropriety in terms and conditions of employment and can interfere with productivity and the
overall work environment. If any work relationship results in inappropriate behavior or a
disruption of services, appropriate disciplinary action up to and including a transfer to another
site or termination, will be taken.

Dress Code and Professional Appearance


Each employees dress, grooming, and personal hygiene should be appropriate to the
work situation. IMAGINE will follow dress code and professional appearance expectations,
including providing reasonable accommodations in accordance with the NYCHRL, ADA/AA and
Title VII of the Civil Rights Act.

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Employees are expected to wear clean, neat clothing, appropriate for working with
children. All staff must be able to move and run around safely with the children throughout the
day. All staff are expected to wear sensible shoes that are low, have rubber soles and backs.
All employees are asked to use good judgment concerning hairstyles. Hair should be
clean, combed, and neatly arranged. Unkempt hair is not permissible regardless of length. An
employees personal hygiene cannot affect the business of IMAGINE. Long fingernails are
unacceptable in the classroom as they are considered inappropriate and dangerous. Tattoos,
body art and body piercings should be appropriate for an early childhood setting or otherwise
covered. Flashy, extreme, suggestive or revealing attire is considered inappropriate and is not
permitted. Clothing that reveals too much cleavage, your back, your chest, your stomach or your
undergarments is not appropriate and is not permitted. Keep in mind the following examples:
ripped clothing to include, ripped jeans/pants, short shorts (above mid-thigh), low rise
jeans/pants that expose undergarments, and shirt tops that expose the midriff, cleavage or
undergarments. Any logos or graphics worn by employees must not reflect any form of violent,
discriminatory, abusive, offensive, demeaning, or otherwise unprofessional behavior. In
addition, employees are not permitted to wear clothing that proselytizes.
Management reserves the right to determine appropriateness. Radical departures from
the required dress or personal grooming and hygiene standards are not permitted. Employees
who report to work inappropriately as per this policy will be required to take corrective action,
which may include leaving the premises. Non-exempt employees will be required to use
vacation time for any absences related to breaches of dress code.

Eating in the Classroom


Childrens lunch and snack times are designed to be learning experiences as well as
simply eating times. Teachers may wish to eat their lunch or share snacks with the children at
these times. At no time should any teacher eat food that is brought in by the parent for their
child. Any food or drink consumed by the teachers should be consistent with IMAGINEs
Learning Healthy Early Program (See Health Appendix) and what is eaten by the children (i.e. a
teacher should not be drinking soda since the children are not permitted to). Hot beverages,
such as tea, coffee and cocoa, are safety hazards in the presence of children and are not
permitted in classrooms.
While not required to eat at these times, at least one teacher should sit at a table to
directly interact with the children rather than using these times solely for cleaning up, setting up
cots or other non-interactive classroom tasks. These are opportunities teachers can use to talk
to the children about the Learning Healthy Early program, model appropriate eating behavior,
manners, socialization and self-help skills.

Employee Responsibility for Center Property


It is understood that all staff will treat Center equipment, toys and materials with care,
respect and use as intended by the manufacturer.
Equipment essential in accomplishing job duties is often expensive and may be difficult
to replace. When using IMAGINE property, employees are expected to exercise care, perform
required maintenance, and follow all operating instructions, safety standards and guidelines.
Please notify the Director if any toys, equipment, machinery, or tools appear to be
damaged, defective, or in need of repair. Prompt reporting of damages, defects and the need
for repairs could prevent deterioration of toys, equipment, machinery or tools and possible injury
to others. The Director can answer any questions about employees responsibilities for
maintenance and care of IMAGINE property used on the job.

Before discarding any materials, employees must confer with the Director.

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An inventory will be maintained and employees will be disciplined for the misuse,
destruction and/or lost property of IMAGINE to include, but not limited to furniture, toys,
games, books, cameras, equipment and/or materials.

Employee Responsibility for Personal Property


IMAGINE will provide a space that can be locked for employees to store their personal
belongings. It is the employees responsibility to properly store their possessions safely while at
work. IMAGINE will not be responsible for employees personal items brought to the Center,
including but not limited to wallets, cell phones, purses and other valuables. If an employee
discovers that any personal property is missing, s/he should notify their Director.

Employees who Become ill at Work


If an employee should become ill while at work, you must notify the Director immediately.
The Director will assess the situation and handle it accordingly. If the employee is well enough
to commute home, they will be released for the day. If the employee is too ill to commute
home, their emergency contact will be notified to escort them, or if the escort is not available, a
staff member will escort the employee. If the employee should need immediate medical
attention, an ambulance will be called and the employee will be accompanied by a staff member
to the nearest hospital. Their emergency contact will be called to meet them at the hospital.

Employment of Relatives
The employment of relatives in the same IMAGINE Center may cause conflict of interest,
favoritism, issues involving employee morale, problems with supervision and safety.
For the purposes of this policy, no person who is related by blood or marriage, or whose
relationship with an employee is similar to that of persons who are related by blood or marriage,
shall be assigned to work in the same Center.

Lactation Accommodation
As part of our family-friendly policies and benefits, IMAGINE supports breastfeeding
mothers by accommodating the mother who wishes to express milk during her workday when
separated from her newborn child.
Any full time employee who is breastfeeding will be provided:
1. reasonable break time to express breast milk for her nursing child for one (1) year
after the childs birth each time the employee has need to express milk. Breaks of
more than 20 minutes in length will be unpaid, and the employee should indicate this
break period on her timecard.
2. a place, other than a bathroom, that is shielded from view and free from intrusion
from coworkers and the public. IMAGINE has designated certain areas for this
purpose.
Contact Human Resources regarding use of these areas and refrigerator storage.

Licensing/Accreditation
All IMAGINE Centers are fully licensed by the New York City Department of Health-
Bureau of Day Care, the New York State Office of Children and Family Services and/or the New
Jersey Department of Youth and Family Services. To be licensed, our Centers must comply
with the standards set forth in the Health Code of the City/State of New York and New Jersey.
These requirements cover such areas as physical facilities, equipment, staff qualifications,
supervision, staff/child ratios, program content, administration and recordkeeping.
A copy of each Centers current license(s) and licensing agency regulations are posted
at each Center.

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IMAGINE has elected to seek national accreditation through the National Academy of
Early Childhood Programs (the Academy is a division of the National Association for the
Education of Young Children). The process includes the Director and staff working together to
conduct a self-study and evaluation of the program. One component of the process is obtaining
input from staff and parents. IMAGINE always welcomes feedback.
IMAGINE will provide information through staff development and training on NAEYCs
Developmentally Appropriate Practices (DAP). It is understood that all IMAGINE employees will
make themselves aware of and will work together to meet all goals and standards as defined by
NAEYC for accreditation. These standards include evolving training and education requirements
that staff must meet to remain employed at Imagine.

Logos, Copyrights and Trademarks


Respect all copyright and other intellectual property laws. For IMAGINEs protection, as
well as the employees, it is critical that employees show proper respect for the laws governing
copyright, fair use of copyrighted material owned by others, trademarks and other intellectual
property. To minimize the risk of a copyright violation, employees should provide references to
the source(s) of information they use and accurately cite copyrighted works. Do not infringe on
IMAGINEs logos, brand names, marketing strategies, taglines, slogans, or other trademarks.

Maintenance of Work Area


Proper maintenance of work areas is an ongoing requirement of employment with
IMAGINE. IMAGINE must maintain a safe, healthy and professional environment for children,
families, staff and visitors. Directors and Teachers are responsible for the cleanliness, room
arrangement and maintenance of their spaces, classrooms, closets and offices. Afterhours
hired cleaning crews are responsible for mopping and heavy cleaning of the Centers. All
IMAGINE staff must work to maintain an attractive, clean, clutter-free and organized
environment at all times. Remember, neatness counts.
IMAGINE is committed to environmentally friendly initiatives, as per the Imagine
Learning Health Early Policies, and thus requires the use of Green cleaning products during
hours of operation.

Outside Employment
Because of IMAGINEs obligations to its parents and children, IMAGINE must be aware
of any concurrent employment you may have to determine whether or not it presents a potential
conflict. Outside employment, including babysitting for IMAGINE families, is separate from
IMAGINE employment and should take place only on hours outside Center operation. Staff
must be flexible in availability to work altering shifts at times to cover the needs of the Centers
and overtime assignment. Employees must perform this work when requested. In cases of
conflict with any outside activity, the employee's obligations to IMAGINE must be given priority.
Employees are hired and continue in IMAGINE's employ with the understanding that IMAGINE
is their primary employer and that other employment or commercial involvement which is in
conflict with the business interests of IMAGINE is strictly prohibited.
Employees who are on leave of absence, including FMLA or Workers Compensation
leave are prohibited from having outside employment during their leave.

Personal Property and Expectations of Privacy Policy


IMAGINE assumes no liability whatsoever for the damage, loss or theft caused by third
parties to the personal property of staff members. All communication equipment, storage
facilities, classroom, office and workspaces, including desks and lockers, are the property of
IMAGINE; and IMAGINE reserves the right to have access to these areas and to such property
at any time, without advance notice to any employee. Therefore, employees should not expect

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that such property would be treated as private and personal to the employee. Employees have
no right of privacy while accessing social media at work or on company-owned equipment.

Personnel Data Changes


It is the responsibility of each employee to promptly notify Human Resources of any
changes in personnel data to keep their records up-to-date. Change of name, marital status,
personal mailing addresses, telephone/cell numbers, beneficiary information, emergency
contact information, educational accomplishment, and other such status reports should be
accurate and current at all times. In the event an employee finds a mistake, IMAGINE will not
be held responsible.

Personnel Records
It is the policy of IMAGINE to maintain personnel records for applicants, employees, and
past employees in order to document employment-related decisions, evaluate and assess
policies, and comply with government recordkeeping and reporting requirements.
The Human Resources Department is responsible for overseeing recordkeeping for all
personnel information and will specify what information should be collected and how it should be
stored, secured, and disposed of or destroyed.
IMAGINE maintains a personnel file for each employee. The personnel file includes such
information as the pre-employment documentation, performance appraisals, salary increases
and other employment records.
Personnel files are the property of IMAGINE, and access to the information they contain
is restricted. Generally, only Directors and Administration of IMAGINE who require employment
related need-to-know information about an employee are allowed to have access to personnel
files. At no time shall an employee obtain unauthorized access to the personnel files.
IMAGINE prohibit employees from examining or receiving a copy of the contents of their
personnel files. New York State and New Jersey State laws do not require us to allow the
examining or receive a copy of these files.
Misrepresentation of any fact which you have provided information for in your personnel
file, or any other document is sufficient reason for immediate dismissal.
Inquiries to a Director regarding a current or former IMAGINE employee should be
referred to the Human Resources Department. Should a Director receive a written request for a
reference, s/he should refer the request to the Human Resources Department for handling. In
response to an outside request for information regarding a current or former IMAGINE
employee, the Human Resources Department will furnish or verify only an employee's name,
dates of employment and job title within five (5) business days. Employees are required to
submit proof relative to the verification request. No other data or information regarding any
current or former IMAGINE employee, or his/her employment with IMAGINE, will be furnished
unless the employee authorizes IMAGINE to furnish this information in writing that also releases
IMAGINE from liability in connection with the furnishing of this information. Exceptions may be
made to cooperate with legal, safety, and medical officials who need specific employee
information.

Recording Conversations in the Workplace


It is a violation to record conversations with a tape recorder or other recording device
(including a cell phone or any electronic device) unless prior approval is received from IMAGINE
Administration. The purpose of this policy is to eliminate a chilling effect to the expression of
views that may exist when one person is concerned that his or her conversation with another is
being secretly recorded. This concern can inhibit spontaneous and honest dialogue especially
when sensitive or confidential matters are being discussed, unless the employee made
recordings that are considered protected concerted activity under Section 7.

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Therefore, recordings cannot be made during work time, while in work areas, or while
conducting IMAGINE business, including disciplinary meetings, as it is not a type of concerted
activity. IMAGINE will abide by state law regarding nonconsensual recordings. Violation of this
policy will result in disciplinary action, up to and including termination of employment.

Reporting Requirements
The following reports are required to be kept by the classroom staff (note; the Center
may choose a variety of different formats for the forms described below, however, they are
required in some form.)
1. Daily information to Parents either a note/form to be filled out daily for each child
and placed in his/her cubby by 4:00 p.m. or the use of a wipe-off board or one posted note
explaining the daily events for the class.
2. Daily Infant Log - Should be maintained daily in infant rooms containing information on
each childs feeding, sleeping and diapering for the day. Parents may request, and then shall
be provided, copies to take home, but originals are to be filed at the Center.
3. Incident/Accident Report - Must be filled out completely whenever any incident or
accident occurs. The signature of the parent(s) or guardian of the child involved must be on the
form. After completion, the form is given to the Director for signature and appropriate filing.
4. Daily Attendance/In/Out Logs - Attendance must be taken each morning and
documented on the Classroom In/Out Log; updated to include late arrivals, movement between
rooms, and departures from the center. The Log must be accessible in the classroom for
parents to sign in at drop off and out at pick up, with time and signature. Staff must check the
Log to ensure parents have filled in time and signature, with accuracy.
5. Student Portfolios - Teachers are to record the progress of each child in his/her class.
Various formats for such recording are suggested, i.e. samples of work, pictures from outings,
anecdotes about class progress, etc... This information will be placed in a portfolio which will
follow the child as they move up from class to class.
6. NAEYC Classroom Portfolios - Each class must maintain an up-to-date classroom
portfolio required by NAEYC. IMAGINEs NAEYC Consultant, Cora Zoccolo-Ungaro, assists in
the maintenance of the portfolio, but all staff are responsible for keeping their box(es) current.
7. Anecdotal Recording - The student portfolio is where examples of the childs work and
activities are saved. In addition, teachers are required to take notes of their observations of
each childs interactions, progress and goals, to record the childs development.

Solicitation and Distribution Policy


To prevent disruptions in the classrooms and avoid any lack of supervision of the
children or interference with work, IMAGINE has adopted rules about solicitation and
distribution.
IMAGINE prohibits selling or distributing materials and products, posting of materials,
and soliciting donations for charitable, political or religious causes, on or at any IMAGINE work
area by any employee or non-employee. This policy excludes IMAGINE-sponsored programs
related to IMAGINE products and services.
Employees are not to conduct non-work related activities in work areas during actual
work hours, time during which employees are expected to be actively engaged in their assigned
work. Nothing in this policy prohibits employees from discussing terms and conditions of
employment.

Visitors in the Workplace


To provide for the safety and security of the children, staff and the Center, only
authorized visitors are allowed in the workplace. Restricting unauthorized visitors ensures safety

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standards are maintained, protects the welfare of the children and employees, in addition to
avoiding potential distractions and disturbances.
It is understood that circumstances may arise when an employee may want to have a
visitor at the Center. Such requests and arrangements must be made in advance with the
Director. These visits should not disrupt workflow. Employees will be responsible to introduce
the visitor to all parents and for the conduct and safety of their visitor. The visitor must remain
with the employee at all times.
Former employees are not permitted onto IMAGINE property except for official IMAGINE
business and with the permission of the Center Director.

Voting (New York State Employees)


Any employee is allowed sufficient time to vote if polls are not open four (4) consecutive
non-working hours, outside the employees regular shift, between polls opening and closing.
The employee must notify their Center Director of the need for time off to vote at least, two (2),
but not more than ten (10) working days prior to the state election, and the Center Director may
specify whether the employee takes time off at the beginning or end of the shift.
If an employee has four (4) consecutive hours either before the opening of the polls and
the beginning of a working shift, or between the end of a working shift and the closing of the
polls, the employee is not entitled to any paid time off to vote. If there are not four (4)
consecutive hours before or after the regular working shift, the employee is entitled to up to two
(2) vacation paid time off hours at the beginning or end of the shift. No employee will be
penalized or retaliated against for requesting time off to vote.

Voting (New Jersey State Employees)


If an employee is concerned that they do not have sufficient time to vote due to the time
their local poll opens and closes, the employee may request from their Center Director time off
at a minimum of ten (10) working days prior to the state election, and the Center Director may
specify whether the employee takes time off at the beginning or end of their shift. The employee
may request up to two (2) vacation paid time off hours. Employees are not guaranteed time off
to vote. No employee will be penalized or retaliated against for requesting time off to vote.

CODE OF CONDUCT

Professional Conduct and Responsibility


It is understood that an individual accepting employment with IMAGINE will read the
Employee Handbook carefully and will abide by all the stated policies and procedures.
It is further understood that employees will act with patience, courtesy, professionalism,
friendliness and respect to all parents, children and co-workers. All employees are expected to
work together in an atmosphere of civility and work in a cooperative manner with
management/supervision, co-workers, parents and any member of the public, while in the
course and scope of IMAGINE business. Honesty and integrity is expected of all employees at
all times. IMAGINE expects all employees to represent the company in an ethical manner. In
addition, all employees are responsible to ensure that all children in their classrooms are
supervised properly at all times.

Employee Conduct and Work Rules


To ensure orderly operations and provide the best possible work environment, IMAGINE
expects employees to follow rules of conduct that will protect the interests and safety of all
employees, children, parents and the organization. All employees are covered under this policy
and are reminded that behavior that is threatening, intimidating, bullying, disrespectful or

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assaulting a manager/supervisor, co-worker, parent, child(ren) or vendor will result in


disciplinary action, up to and including immediate termination of employment.
Listing all forms of behavior that are considered unacceptable in the workplace is not
possible. In addition to all of the above examples of misconduct in this Policy, the following
infractions of rules of conduct will result in disciplinary action, up to and including immediate
termination of employment. This list is not all-inclusive:

Any physical or mental inappropriate interaction(s) with a child(ren).


Breach of the Supervision of Children Policy is cause for a Final Warning. Additional
supervision infractions will result in immediate termination.
Not reporting to an IMAGINE Administrator immediately, if the employee suspects that a
child is being mistreated by a staff or family member. All employees are required to,
See Something, Say Something.
Sleeping on duty, including eyes closed for any length of time, violates the Supervision
of Children Policy.
Frequent lateness and excessive absenteeism.
Insubordination, failure or refusal to follow the instructions of supervisors or a designated
representative, including refusal to accept a job assignment that relates to the
employees job description or failure to follow any IMAGINE Policy and/or Procedure.
Coercing or interfering with the job performance of co-workers or visitors.
Making inappropriate gestures, including visual staring.
Not expressing warmth through behaviors with the children, such as, physical affection,
eye contact, tone of voice, and smiles, as per NAEYC Criterion 1.B.02.
Theft of service, including any leave of absence fraud.
Walking off shift, failing to report for a scheduled shift, leaving early without supervisor
permission and/or failing to return to work at the end of the employees meal period.
Remember, you are responsible for the children in your care.
Any conduct that is discriminatory against any characteristic protected by law as
described in IMAGINEs EEOC Policy.
Any conduct that potentially denigrates or shows hostile feelings toward any individual
because of any characteristic protected by law as described in IMAGINEs
Discrimination and Harassment Policy.
Conduct or intentional behavior that potentially violates IMAGINE policy or affects the
safety or well-being of the children, staff, visitors, operations or other IMAGINE-related
activities. Such conduct includes threatening communication, physical injury or potential
physical harm to another, aggressive or hostile action, and intentional damage to
IMAGINE property.
Conduct that violates IMAGINE rules, policies or standards of conduct or the law.
Fraud, theft or inappropriate removal or possession of property.
Any action which could reasonably be expected to discredit IMAGINE.
Malicious, intentionally or knowingly report false statements or complaints.
Falsification of any record.
Unauthorized possession, use, copying of IMAGINEs records deemed confidential or
disclosure of such confidential information to unauthorized persons.
Possession of dangerous or unauthorized materials, such as knives, explosives or
firearms.
Possession, sale or use of illegal drugs and alcohol in the workplace.
Reporting to work under the influence of drugs and/or alcohol, including alcohol breath. It
is IMAGINEs discretion to require an employee to visit a testing location with an escort.

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Employees with alcoholism will be disciplined or discharged should the alcohol adversely
affect job performance, including lateness and absenteeism, or conduct to the extent
that s/he is not qualified to remain employed.
Gambling or the possession of gambling devices on IMAGINEs premises.

IMAGINE reserves the right to discipline, including to skip or duplicate the disciplinary
process, or discharge any employee for violating any IMAGINE policy, practice, procedure or
rule of conduct. IMAGINE retains the discretion to determine the nature and extent of any
discipline based upon the circumstances of each individual case.

Workplace Investigation Policy


This organization is committed to ensuring that all IMAGINE-initiated investigations are
conducted in a fair, impartial, thorough, thoughtful manner and in compliance with all applicable
laws within the United States. Whenever an agent of IMAGINE, that is, an Executive Director,
Human Resources Director, Center Director and/or supervisor receives a complaint or other
information indicating a possible violation of law or IMAGINE policy, IMAGINE will conduct an
investigation and promptly initiate an appropriate investigation into all possible violations of law
and IMAGINE policy. IMAGINE Administration will have responsibility for investigating
complaints relating to employee misconduct, and in certain situations, may assume
responsibility for certain investigations and instruct other IMAGINE staff to gather information for
the investigation. The list of types of situations, while not all-inclusive, as stated in the Code of
Conduct Policy, will be investigated.

Confidentiality
IMAGINE investigator(s) will inform the complainant(s) that the IMAGINE-initiated
investigation will be handled on a need-to-know basis; however, if information is learned that
personnel action or legal action is required, there is a potential that disclosure of this information
may occur in the process. IMAGINE has a compelling interest in protecting the integrity of its
investigations and will encourage confidentiality. Directors, at any level, are expressly prohibited
from discussing these matters with other Directors or employees.
Each employee is expected to abide by IMAGINEs policies and to cooperate fully in any
investigation that IMAGINE may undertake. In every investigation, IMAGINE has a strong desire
to protect witnesses from harassment, intimidation and threats of any kind, to keep evidence,
including statements, supporting warnings or discipline, from being destroyed, to ensure that
testimony is not fabricated, and to prevent a cover-up. IMAGINE may decide in some
circumstances that in order to achieve these objectives, we must maintain the investigation and
your role in it in strict confidence. If IMAGINE reasonably imposes such a requirement and you
do not maintain such confidentiality, you may be subject to disciplinary action, up to and
including immediate termination of employment.

Retaliation
IMAGINE prohibits retaliation including making threatening communication by verbal,
written or electronic means against any individual who participates in an investigation,
expressing a concern, reports or provides any information concerning unlawful discrimination,
harassment or other violations of IMAGINE policies, procedures, rules and standards of
conduct. Any employee found to be engaging in retaliation will be subject to disciplinary action,
up to and including termination of employment. This includes any individual or Director
demonstrating behavior that is perceived as retaliation.
IMAGINE investigator(s) will make a reasonable effort to ensure that the complainant(s)
or person(s) providing information during an investigation are not exposed to any threats of
violence, intimidation or personal risk. If any such situations are identified or have occurred,

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IMAGINE will proceed with the appropriate response, as advised by the Human Resources
Department, security at designated sites and/or other professionals. Any IMAGINE employee
found to have engaged in threatening behavior will be subject to disciplinary action, up to and
including termination of employment.
IMAGINE cannot promise confidentiality for people who make retaliation complaints.
Identities will be revealed only on a need-to-know basis.

Investigative Timeline
IMAGINE will make all reasonable efforts to initiate an investigation into the allegation(s) and
conclude the investigation in a timely fashion, as appropriate.

Documentation of Findings
Based on the investigation, IMAGINE investigator(s) should determine whether the allegation(s)
were founded, unfounded or inconclusive. This determination should be documented in writing
and made part of the investigative report. The determinations are as follows:
Violation found: Where a violation of IMAGINE policies, procedures, workplace rules or law
is found to have occurred, the accused should be notified of the finding and of the specific or
corrective actions to be taken. No details about the nature or extent of disciplinary or
corrective actions will be disclosed to the complainant(s) or witness(es) unless there is a
compelling reason to do so (e.g., personal safety).
No violation found: In this situation, the complainant and the accused should be notified that
IMAGINE investigated the allegation(s) and found that the evidence did not support the claim.
Inconclusive investigation: In some cases, the evidence may not conclusively indicate
whether the allegation(s) was founded or unfounded. If such a situation occurs, the
notification to the complainant and the accused should state that IMAGINE completed a
thorough investigation, but has been unable to establish the truth or falsity of the
allegation(s). IMAGINE will take appropriate steps to ensure that the persons involved
understand the requirements of IMAGINEs policies and applicable law.

Release of Investigative Records


IMAGINE will not release any investigative files, including interviews and findings, unless
authorized by the HR department or pursuant to a court-authorized request (i.e., subpoena,
court order). Any information obtained and reported by third parties engaged by IMAGINE
concerning an applicant or employees character, general reputation, employment history and
performance, educational history, licenses, criminal record, any incidents of child abuse and
maltreatment, motor vehicle record, and other professional andpersonal will be considered to be
a consumer report under the Fair Credit Reporting Act. Accordingly, IMAGINE will provide
notice to the applicant or employee that such reports have been received. The applicant or
employee may request and obtain a copy of the consumer report.

Disclosures to third parties


No IMAGINE employee or agent may make any disclosure to third parties (e.g., lawyers,
investigators, insurance representatives, media reporters) regarding the particulars of any
IMAGINE-initiated investigation without prior approval from the Human Resources Director.

Disciplinary and Counseling Procedures


It is the policy of IMAGINE that all employees are expected to comply with IMAGINEs
standards of conduct, behavior and performance and that any noncompliance with these
standards must be corrected. Every employee has the duty and the responsibility to be aware of
and abide by existing rules and policies. Employees also have the responsibility to perform
his/her duties to the best of his/her ability and to the standards as set forth in his/her job

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description or as otherwise established. In addition, IMAGINE prohibits retaliation or reprisal


against any employee for raising a legitimate issue or complaint with management.
IMAGINE endorses a policy of discipline and counseling to provide employees with
notice of deficiencies and an opportunity to improve. IMAGINE reserves the right to administer
discipline or counseling in any manner it sees fit. No third parties are permitted as witnesses.
This policy does not modify employees at-will status or in any way restrict IMAGINEs right to
bypass the disciplinary and counseling procedures suggested.
If an employee is not meeting IMAGINEs standards of conduct, behavior, performance,
or violates policies, the employees Director may take any and/or all of the following actions:

Meet with the employee to discuss the matter.


Inform the employee of the nature of the problem and the action necessary to correct it.
Issue a counseling or warning to the employee. This information will be included in the
employees personnel folder.
Whenever an employee has demonstrated an inability to perform assigned work
responsibilities efficiently, the employee will be placed on a Performance Improvement
Plan (PIP). PIP status will last for a predetermined amount of time not to exceed 90
days. Within this time period, the employee must demonstrate a willingness and ability to
meet and maintain the work requirements and/or conduct as specified by the Director. At
the end of the performance improvement period, the Performance Improvement Plan
may be closed or, if established goals are not met, dismissal may occur.
Warn the employee that any further incidents will result in further counseling or
disciplinary action, up to and including, termination of employment.
Suspend the employee without pay for up to one (1) pay period or ten (10) regular
workdays. Due to required teacher-to-child ratios, Center Directors have the discretion to
determine the pay period of suspension. An investigation of the incidents leading up to
the suspension will be conducted to determine if any further action, such as termination,
should be taken.
Discipline an employee who is experiencing a series of unrelated problems involving
behavior, job performance or policy infraction(s).
Consider a last opportunity agreement with the employee, to include an
acknowledgement by the employee regarding the accuracy of prior warnings, before
termination.
In cases involving serious misconduct, such as a major breach of policy or violation of
law, immediately discharge the employee.

Any warning or counseling that is not signed by the employee is still in effect and is part
of the employees personnel file. If a disciplined or counseled employee works a full year
consecutively (12 months) without further disciplinary action under this policy, the next failure to
meet behavior, policy or performance standards may be treated as a first occurrence under this
policy. However, IMAGINE may still consider all past counseling and disciplinary actions in
evaluating the employee.

Complaint/Dispute Resolution Procedure


IMAGINE promotes an atmosphere whereby employees can speak freely with members
of the management staff. Employees are encouraged to openly discuss with their Director any
issues they are experiencing. IMAGINE is interested in all of our employees' success and
happiness with us. We, therefore, welcome the opportunity to assist employees whenever
feasible.

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IMAGINE employees may have a complaint or dispute with an employee or group of


employees, parent(s), with IMAGINE or its representatives, or disagree with the implementation
or enforcement of established policies or practices. In order to encourage employees to express
their concerns and to seek resolutions, IMAGINE has a bona fide complaint/dispute resolution
procedure, which employees are expected to use. Information related to a complaint ordinarily
will not be released outside this procedure and will usually be kept in confidence. No employee
will be penalized, formally or informally, for voicing or filing a complaint in a reasonable,
business-like manner or for using the complaint/dispute resolution procedure.
Complaints related to the content and recommendations contained in performance
appraisals are excluded from this procedure. Classroom and curriculum related problems
should be addressed at staff meetings or discussed with the Director. Administrative issues
should also be discussed with the Director.
If an employee has a complaint in relation to his/her work, s/he should present and
discuss the problem initially with the Director. If the complaint/dispute is not resolved with their
Director, the employee has the right to discuss the complaint with the Executive Director.
Finally, if there has not been a resolution, the employee is advised to speak with the Human
Resources Director at 718-960-8553 and/or the President at 718-960-5676. If an employee has
a complaint about the Director and/or Executive Director and cannot speak directly to him/her,
the employee can discuss the complaint with the Human Resources Director and/or the
President.
If any employee reasonably believes that some policy, practice, or activity of IMAGINE is
in violation of law, a written complaint may be filed by that employee with the Human Resources
Director. It is the intent of IMAGINE to adhere to all laws and regulations that apply to the
organization, and the underlying purpose of this Policy is to support the organization's goal of
legal compliance. The support of all employees is necessary to achieving compliance with
various laws and regulations. An employee is protected from retaliation only if the employee
brings the alleged unlawful activity, policy, or practice to the attention of IMAGINE in good faith
and provides IMAGINE with a reasonable opportunity to investigate and correct the alleged
unlawful activity. IMAGINE will not retaliate against an employee who discloses or threatens to
disclose to a supervisor or a public body any activity, policy, or practice of IMAGINE that the
employee reasonably believes is in violation of a law, or a rule, or regulation mandated pursuant
to law or is in violation of a clear mandate or public policy concerning health, safety, welfare, or
protection of the environment.

PAID TIME OFF

Paid time off, vacation and sick, is discussed in terms of days and hours. Paid time off is
calculated in Payroll by ADP Time and Attendance Workforce Now. As employees, you can use
vacation and sick time in increments not less than one (1) hour; and thereafter, to the quarter
(.25) hour. New York City and Newark substitute, seasonal, other part time and temporary
employees are eligible for paid sick time hours as per the respective policies below.

Vacation Days/Hours

Full time employees hired after September 1, 1993, are entitled to seventeen (17)
vacation days, with pay per accrual year for the first three (3) years of continuous employment.
Newly hired employees who start work on the 1st through the 10th of the month will accrue for
their entire first month of employment. Vacation days/hours can be scheduled if it is already
accrued or will be earned when the vacation is taken.

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Employees accrue a specific number of vacation hours based on length of service.


Vacation hours accrue at the rate of 11.34 hours at the end of each full month worked, not to
exceed 134 hours in an accrual year, for the first three (3) years and will increase thereafter, as
the following chart details. The vacation accrual rate will increase after three (3) continuous
years of employment, after five (5) years of continuous employment, and after an employee
has completed ten (10) years of continuous employment with IMAGINE.

ACCRUAL RATES for VACATION HOURS: accrual rate total allowed per year
Hire date through 3 years = 11.34 hrs per month = 17 days
Beginning of 4th year through 5th year = 14.67 hrs per month = 22 days
Beginning of 6th year through 10 years = 15.34 hrs per month = 23 days
Beginning of 11th year and over = 18.67 hrs per month = 28 days (eff 9/1/09)

Part time employees, who work a regular schedule of 20 hours or more and less than
37.5 hours per week, are entitled to vacation hours. Vacation hours accrue at the rate of 5.34
hours at the end of each full month worked. Vacation hours are paid out to part time employees
based on the number of hours they would have worked for that day. You are allowed to use
your accrued vacation hours for sick time purposes.

Vacation hours do not accrue during a period that an employee is on a leave of


absence.
An employee on leave, if appropriate, is required to use vacation hours.
Accrual year begins September 1st and ends on August 31st, with a carryover grace to
December 31st. After each Dec 31st, employees will lose/forfeit any vacation hours that were
carried over from the previous accrual year. Where special business necessity requires an
exception, prior approval must be given by the Human Resources Department or your
Director.
Vacation hours may not be taken during the employees first three (3) months of continuous
employment. Any time taken prior to the first three (3) months of employment will be without
pay.
When an IMAGINE holiday falls during scheduled vacation paid time off, it is not counted as
a vacation day.
Pay in lieu of vacation is not given.
Vacation must be earned before being taken.
At certain centers, when operations are closed, IMAGINE requires employees to utilize
accrued vacation in lieu of layoff.
If an employee voluntarily resigns from their position, employees who work for IMAGINE for
less than one year of employment forfeit unused accrued vacation hours.
If an employee voluntarily resigns from their position and does not give two (2) weeks or ten
(10) working days notice, they forfeit their unused accrued vacation hours.
Vacation payments upon termination will not be paid to employees who owe money (i.e.,
loans, overpayments resulting from a mistake on payroll, etc).
Employees leaving IMAGINE due to discharge for gross misconduct or negligence may
forfeit their unused accrued vacation hours.

The Director is responsible for reviewing requests and scheduling time off based on the
needs of the Center. Requests for time off must be submitted in Workforce Now, well in
advance of the anticipated dates, preferably a minimum of two (2) weeks. The further in
advance requests can be made, the more likely your time off needs will be granted. An
employee must receive the Directors approval by written notification (email, or paper) before

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they can take vacation paid time off. Therefore, all employees must plan accordingly when
scheduling vacation time off due to the Directors authority to deny an employees vacation
based on the coverage needs of the center. Always get your Directors approval for time off in
written notification prior to making vacation arrangements.
Vacation paid time off may not be taken for more than two (2) weeks at a time, without
special permission from the Director. It is best practice that (i) staff not be absent simultaneously
with a co-teacher, (ii) during the first days of school, or (iii) during Center special occasions such
as Recognition Day, Preschool Graduations and Family events; continuous absences on these
days may lead to disciplinary action. The Director will attempt to meet the wishes of all
employees as to scheduling. IMAGINE reserves the right not to approve a request for vacation
time if it will interfere with IMAGINEs operations or adversely affect coverage of job and staff
requirements. In the event of conflicts, the decision is at the discretion of the Director. Seniority
and timeliness of the request shall be considered.

Employees hired prior to September 1, 1993 may receive different amounts of paid vacation hours,
pursuant to a schedule agreed to between each of them and IMAGINE.

Sick Days/Hours

Full-time employees hired after September 1, 1993 are entitled to seven (7) paid sick
days per accrual year. Sick days accrue at the rate of 4.67 hours at the end of each month.
After an employee has completed five (5) years of continuous employment with IMAGINE, the
employee is entitled to eight (8) paid sick days per accrual year. Sick days accrue at the rate of
5.34 hours at the end of each month. Sick days can accumulate to a maximum of 36 days at
any one time and are carried over from year to year.
Part-time employees who work a regular schedule of 20 hours or more, but less than
37.5 per week, are entitled to sick days. These days will accrue at the rate of 2 hours at the end
of each month. Sick hours are paid out to part time employees based on the number of hours
they would have worked for that day.

Sick Time Parameters


Sick hours do not accrue during a period that an employee is on a leave of absence.
Requests for sick time must be submitted in Workforce Now.
Sick leave benefits are intended to provide income protection in the event of actual illness or
injury.
An employee on leave, if appropriate, is required to use accrued sick hours. If the employee
does not return from their leave of absence and chose not to be paid out their accrued sick
hours while on the leave, they will receive their sick hours balance in their final pay.
Employees who are absent due to a communicable disease, as per licensing regulation
Article 47 from the Department of Health and Mental Hygiene, shall be excluded from work
if such staff person reports having an illness or symptoms of a communicable disease. In
addition, such staff person shall not be permitted to return to the child care service without
a written statement of recovery from a health care provider. Directors, at their discretion,
may determine if a doctors note is required if a staff member reports an illness that is
communicable.
Use is allowed to receive vaccinations against communicable diseases.
The accrual year begins on September 1st and ends on August 31st.
Pay in lieu of sick hours is not given.
Sick hours are not paid upon the employees resignation, retirement or termination.

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During an employees notice period due to separation from employment, any sick hours
taken during the notice period that was not approved prior to the employees resignation, will
be unpaid.
If a NYC or Newark employee is transferred to a substitute, temp, or seasonal staff, they will
still retain their accrued sick paid time off.

Employees hired prior to September 1, 1993 may receive different amounts of sick hours pursuant to a schedule
agreed to between each of them and IMAGINE.

We expect employees to arrive to work and be prepared to work. However, we


recognize that at times employees become ill; therefore, we provide sick time. However,
employees that report to work and are unable to work due to illness, will be sent home at the
discretion of the Director, and will be paid in accordance with NYC and Newark Earned Sick
Time Acts, NYS and NJ Call In Laws. The following are examples regarding this protocol.
a) If an employee reports to work and works four (4) hours or more before being sent
home, s/he will be paid for the time s/he actually worked at her/his regular pay. In NYC
and Newark, if the employee has accrued sick time hours, the employee must use
accrued sick time hours no less than four (4) hours and in thirty (30) minute increments.
Employees outside of NYC and Newark, may be compensated accrued sick time hours.
b) If an employee reports to work and works less than four (4) hours before being sent
home, s/he will be paid for the hours s/he actually worked at her/his regular pay, and at
minimum wage for the remainder of hours up to four.

Sick Time Policy for New York City and Newark, New Jersey
All employees in New York City and Newark, New Jersey, including substitutes,
temporary and seasonal staff, working less than a regular schedule of 20 hours are eligible for
the following:
Employees accrue at least one (1) hour of paid sick time for every thirty (30) hours
worked after the employee has worked eighty (80) hours in the accrual (calendar) year (Sept 1
to Aug 31). Employees are entitled to accrue up to 40 hours of paid sick time in the year.
Employees cannot begin using accrued sick time until after the 90th calendar day of their
employment for Newark, New Jersey employees and until after the 120th calendar day of their
employment for New York City employees. Employees are entitled to carry over up to 40 hours
of unused accrued sick time from one accrual year to the next. However, employees are not
entitled to take more than 40 hours of sick time in an accrual year. Paid sick time must be used
in increments of thirty (30) minutes that start on the hour or half-hour and no less than four (4)
hours in any one day. Therefore, Directors may require fixed start times for such intervals based
on coverage needs at the center. Employees will be paid accrued sick time pay based on their
scheduled hours for the sick day(s).
IMAGINE may require an employee to verify absences on the Verification Form.
IMAGINE will take disciplinary action, up to and including, termination for the following examples
of abuse: (1) use of unscheduled sick time on or adjacent to weekends, regularly schedule days
off, holidays, vacation or pay day, (2) taking scheduled sick time on days when other leave has
been denied, and (3) taking sick time on days when the employee is scheduled to work a shift or
perform duties perceived as undesirable.
For overtime purposes, sick pay is excluded from the overtime calculation. An employee
will not be reimbursed for unused sick time upon termination, resignation, retirement or other
separation from employment.
If an employee is transferred to another center, but remains employed by IMAGINE, the
employee retains any unused accrued sick time. Moreover, if an employee is separated from
employment, but rehired within six (6) months of separation, previously accrued but unused sick

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time will be reinstated and prior employment is counted toward meeting the requirement that the
employee had been employed 90 days for Newark employees and 120 days for New York City
employees before using accrued time.

Use of Sick Time


Employees must be allowed to use their sick time for any of the following reasons and is
not required to disclose details relating to the employees or the employees family members
medical condition as conditions of providing paid sick time:
to care for their own or a family member's: mental or physical illness, injury, or health
condition ("sickness"), need for medical diagnosis, care, or treatment of a mental or
physical sickness, or need for preventive medical care;
when the employee's place of business is closed due to a public health emergency or an
employee's need to care for a child whose school or place of care is closed due to a
public health emergency. In addition, for Newark employees only, to care for a family
member when a health authority (with jurisdiction) or a health care provider has
determined that the family member's exposure to a communicable disease would
jeopardize the health of others in the community (whether or not the family member has
actually contracted the communicable disease).

A "family member" for all employees is defined as a:

(a) biological, adopted or foster child, stepchild or legal ward, a child of a domestic
partner, a child of a civil union partner, or a child to whom the employee stands in loco parentis;
(b) biological, adoptive or foster parent or stepparent or legal guardian of an employee or
an employee's parents spouse, domestic partner or civil union partner or a person who stood in
loco parentis when the employee was a minor child;
(c) person to whom the employee is legally married under the laws of any state or with
whom the employee has entered into a civil union or domestic partner of an employee;
(d) grandparent or spouse, civil union partner or domestic partner of a grandparent;
(e) grandchild;
(f) sibling (including a half, adopted or stepsibling);

IMAGINE requires reasonable advance notice of the intention to use sick time where the
need is foreseeable. Notice is preferable seven (7) days before the date sick time will begin.
Where the need to use sick time is not foreseeable, IMAGINE requires all employees to provide
notice as per the Attendance Policy and call out procedure of the Center. IMAGINE may require
that the employee confirm in writing following his or her use of sick time that such time was used
for a permissible purpose by completing the Verification Form.
After an employee has used sick time for three (3) consecutive days or three (3)
consecutive instances (in cases where IMAGINE determined that paid sick time could be used
in increments of less than one day), IMAGINE may require reasonable supporting
documentation, including documentation signed by a health care professional, that sick time
was for a purpose covered by the law.
IMAGINE does not require that the documentation explain the nature of the illness, only
as a condition of providing paid sick time under these Laws. IMAGINE will not ask for second
opinions to verify that the medical documentation provided is valid. IMAGINE will not deny or
ask employees to postpone, with the exception to maintain required coverage and teacher-to-
child ratios.

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Anti-Retaliation Protections
These Sick Time Laws provide employees with expansive protections against retaliation
for exercising (or attempting to exercise) their rights under the Laws, including for (i) requesting
and using sick leave, (ii) filing a complaint or informing any person about an alleged violation of
the Laws; and for Newark employees - (iii) communicating with any person, including
coworkers, about any violation of the Laws, (iv) cooperating with the Newark Department of
Child and Family Well-Being ("Department") in its investigations of alleged violations of the Law;
(v) participating in any administrative or judicial action regarding an alleged violation of the
Laws; or (vi) informing any person of his or her potential rights under these Laws.

Confidentiality and Non-Disclosure


IMAGINE will not require disclosure of the specific details relating to an employee's or an
employee's family member's medical condition as a condition of providing sick time under these
Laws. However, disclosure may be required by other laws, such as FMLA. If IMAGINE
possesses any health information about an employee or the employee's family member, such
information will be treated as confidential and only disclosed to the affected employee or with
the permission of the affected employee.

Family Sick Leave Use Policy


Employees categorized as Full Time and Part Time, are entitled to use up to eighty (80)
sick time hours per accrual year (Sep 1 Aug 31) for family members as defined above
respectively, to include all employees on Parental Leave. Effective January 1, 2018, all centers
located in New York State will abide by the Paid Family Leave Benefits Law.

NOTE: A Director may require the employee to document his or her relationship with that
family member. Directors have authority to request additional information in cases of
suspected sick leave use abuse.

Requesting Sick Time Hours


An employee must request sick time hours as per the legal requirements above and
within time limits as required by the Center Director. To the extent possible and within legal
constraints, an employee may be required to request advanced approval for sick time for doctor
visits or to care for an ill family member.

Supporting Evidence for the Use of Sick Time


A Director may require a medical certificate or doctors note, giving the inclusive dates,
as verification of the family members illness. An employee must provide this verification within
seven (7) business days of the Directors request or as per FMLA guidelines, should FMLA be
the necessity for sick time use.

Holidays
IMAGINE celebrates nine (9) legal holidays, as follows:
Labor Day Dr. Martin Luther King, Jr. Day
Thanksgiving Day (& day after)* Presidents Day
Christmas Day Memorial Day
New Years Day Independence Day (July 4th)

*Employees working at Centers that are open the Friday after Thanksgiving, will be given a floating
holiday.

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Employees at federal Centers where the Center building will be closed for Veterans Day,
Election Day, Lincolns Birthday or one time declared federal holidays may work at another open
IMAGINE Center, based on Center need, or use a vacation day.
Employees that are working on days prior to observed IMAGINE holidays, such as
Christmas Eve and New Years Eve, where the Center does not close early, may have their
schedule altered for the day to allow for scattered shifts for coverage purposes.
A holiday that falls on a Saturday will be observed the preceding Friday. A holiday that
falls on a Sunday will be observed on the following Monday.
Holiday pay will be calculated based on the employees straight-time pay rate (as of the
date of the holiday) times the number of hours the employee would have worked on that day.
Holiday pay will be paid to regular part time employees based on the number of hours
they would have worked for that day.
A holiday preceded and followed by a leave of absence without pay is charged as a
leave of absence without pay.
A holiday beginning or ending a leave of absence without pay is charged as a holiday.

Floating Holiday
A floating holiday is a day that will be granted to an employee who may be required to
work on an observed IMAGINE holiday. Floating holidays may be used to cover full or half (1/2)
day absences. They must be taken within three months (3) after the holiday worked. Under no
circumstances will these days be cashed out if not taken or paid upon termination of
employment. A floating holiday is subject to approval from the Director and must be requested
in writing in advance.

LEAVE OF ABSENCE (LOA)

A leave of absence (LOA) is defined as an approved absence from work for a specified period
of time for medical, parental, military or personal reasons. (See each LOA category and state
requirements below for a more complete definition of each type of leave of absence). If an
employee finds that s/he must be out of work for more than three (3) days, s/he must contact
the Human Resources Director to determine if a LOA may be necessary. IMAGINE reserves the
right to require employees to exhaust sick and/or vacation hours before considering any
absence without pay. It is expected that the employees essential job functions and
responsibilities can be undertaken in the future.

The maximum amount of LOA time an employee is allowed to take in any combination of LOAs
is 12 weeks in a 12-month time period measured backward from the date an employee begins a
leave of absence (rolling period). Each time an employee takes leave, IMAGINE will compute
the amount of any applicable LOA taken in the prior 12 months and subtract it from the 12
workweeks of available leave, and the balance remaining is the amount the employee is entitled
to take at that time. Use of accrued paid time off during any leave of absence does not extend
the 12-workweek period of leave. The 12 week maximum may be modified as a reasonable
accommodation unless undue hardship, or as per applicable law. IMAGINE will conduct an
individualized assessment for leave as a reasonable accommodation. See ADA Policy for a
comprehensive explanation. Failure to return to work upon the expiration of LOA, refusing an
offer of reinstatement for which the employee is qualified will result in voluntary termination.

LOAs will start on the date of request or date of need; therefore, not after the exhaustion of Paid
Time Off (PTO). Any employee deemed to have been approved for a fraudulent leave of
absence or failure to communicate with the Human Resources Director during a LOA will result

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in voluntary termination.

Required Documentation: All requests for a LOA must be made on a Leave of Absence
Request Form, available on the HR website and ADP-Workforce Now, submitted to the Center
Director and the Human Resources Director. An employee must provide 30 days advance
notice when the need for the leave or absence is foreseeable; for instance, medical treatments,
childbirth, or other events are planned or known in advance. If the leave of absence is not
foreseeable, the employee must provide notice to his or her Center Director and Human
Resources as soon as practicable.

Physician certifications supporting medical LOAs are required, and may be required to be
submitted within 15 calendar days of the date of request, or as soon as practicable. Medical
certifications are required for any LOA taken for medical reasons, such as the FMLA
Certification of Health Care Provider form and/or the Medical Evaluation Certification of Ability to
Perform Work-Related Duties. In addition, IMAGINE will follow its Return to Work Procedure,
and protocols under its ADA/AA Policy. For an extension of a medical leave of absence,
recertification is required. Recertification may also be required in other circumstances.

Approval: Both the Center Director and the Human Resources Director will review the request.
The Human Resources Director will provide the notice to either approve or deny the LOA. A
leave of absence will not be granted to allow an employee time off to seek employment
elsewhere or to work for another employer. Employees who begin employment elsewhere while
on LOA, except military reserve duty, are considered to have quit voluntarily.

Benefits: IMAGINE will pay its portion of the cost of the employee's benefits while an employee
is on an applicable LOA. In these instances, the employee must continue to pay his or her
portion of the benefits which may be made by payroll deductions (when applicable) or by check
which must be submitted to the Human Resources Department each pay period unless other
arrangements have been made. If the employee fails to pay his or her portion of the benefits for
more than 30 days, the employee's coverage(s) will be terminated and s/he will be offered
COBRA to continue benefits. Certain types of leave require benefits to either terminate or
suspend. The Human Resources Coordinator will inform insurance carriers and third parties of
the cancellations. Therefore, employees will receive at their home address as reflected in ADP-
Workforce Now, COBRA notification, if applicable, and any other documentation to process the
cancellation(s) of their respective benefits. Check with Human Resources for specifics on
benefits that may be affected by a LOA.
While on LOA, employees may be required to use some or all accrued Paid Time Off
benefits until returning to work. Certain LOAs require the employee to notify Human Resources
to request to payout accrued vacation or sick paid time off, where applicable. Paid Time Off will
not accrue while an employee is on LOA. Except as otherwise provided by law, time spent on a
leave of absence, except for military reserve duty, will not be counted as time employed in
determining an employee's eligibility for benefits that accrue on the basis of length of
employment (seniority).
Unemployment Insurance benefits cannot be collected while on a leave of absence.

Job Restoration: Certain LOAs allow for different types of job restoration. IMAGINE will comply
with federal, state and local laws. An employee is entitled to reinstatement only if s/he would
have continued to be employed had FMLA leave not been taken. Thus, an employee is not
entitled to reinstatement if, because of a layoff, reduction in force or other reason, the employee
would not be employed at the time job restoration is sought.

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If an employee does not return from the LOA, the termination date is the last day of the
authorized leave period or the date the employee notifies his/her Director or Human Resources
that s/he is not returning, whichever is sooner.

Types of Leave

Disability Leave: On occasion, a full-time employee finds it necessary to be out of work due to
an illness or serious health condition and is not eligible for FMLA. For employees that are
pregnant, disability leave does not run concurrent or at the same time with Parental Leave,
which begins the day of childbirth. The employee may be eligible for a LOA under state law.

Family and Medical Leave (FMLA): IMAGINE complies with all requirements of the federal
Family and Medical Leave Act of 1993 (FMLA).
Employees who meet the eligibility requirements below may take up to twelve (12)
workweeks (or up to 26 workweeks of military caregiver leave to care for a covered
servicemember with a serious injury or illness) of job-protected paid/unpaid Family and Medical
Leave in blocks or intermittently during a 12-month period. The 12 workweeks calculation
begins on the employees first day out of work for the serious health condition and may continue
on an intermittent or continuous basis described below.
Therefore, employees can take FMLA leave as either a single block of time (three weeks
of leave for surgery and recovery) or intermittently: a) multiple, smaller blocks of time, b) on a
part-time basis, for example, if after surgery the employee is able to return to work on a reduced
schedule for four hours a day or three days a week for a period of time, or c) if an employee
needs multiple periods of leave for planned medical treatment such as physical therapy
appointments. However, the employee must try to schedule the treatment at a time that
minimizes disruption to their center. IMAGINE will track FMLA leave to no less than one (1) hour
in fifteen (15) minute increments. Employees on Intermittent FMLA Leave are required to abide
by IMAGINEs Attendance Policy.
Nothing in the FMLA supersedes any provision of state or local law that provides greater
family or medical leave rights than those provided by the FMLA. If an employees absence
qualifies under state law, but not the FMLA, it does not count against the employees FMLA
entitlement.
Family and Medical Leave cannot be split in the same eligibility period for any type of
FMLA leave. Employees on FMLA paid sick leave are required to remain at home except for
personal needs related to the reason for being on FMLA leave.
IMAGINE has a right to discuss the employees absence pattern with their physician to
confirm consistency with the designated FMLA leave.
If the employee does not return to work following the conclusion of FMLA leave, the
employee will be considered to have voluntarily resigned.

Eligibility
To be eligible for FMLA leave, the employee must meet all of the following conditions:
1) The employee must have worked for IMAGINE for 12 months or 52 weeks in the last
seven (7) years; therefore, separate periods of employment will be counted, excluding National
Guard or Reserve military service obligations. Workweeks, for purposes of the 12 months
criteria, also include an employee on the payroll for only part of a week, or if the employee is on
leave during the week.
2) The employee must have worked at least 1,250 hours, about 24 hours per week, in
the 12-month period immediately before the employee takes leave. The principles established
under the Fair Labor Standards Act (FLSA) determine the number of hours worked by an

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employee and does not include time spent on paid time off, holidays, or unpaid leave as hours
worked.

Types of Leave Covered


To qualify as FMLA leave, the employee can take up to 12 workweeks in any 12-month
period for the following reasons listed below:

1) The birth of a child and in order to care for and bond with the newborn child
2) The placement of a child for adoption or foster care and to care for and bond with the
newly placed child. Male and female employees have the same right to take FMLA leave to
bond with their child, but it must be taken within one (1) year of the childs birth or placement
and must be taken as a continuous block of leave.
3) The serious health condition, defined as an illness, injury, impairment, or physical or
mental condition, excluding cosmetic surgery, of the employee or to care for the following family
members:* spouse, including same-sex, child or parent (but not in-law) with a serious health
condition, as follows:

a) conditions requiring an overnight stay in a hospital, hospice or residential care facility


b) conditions that incapacitate the employee or their family member (for example, unable
to work or attend school) for more than three (3) consecutive calendar days and
require ongoing medical treatment (either multiple appointments with a health care
provider, or a single appointment and follow-up care, such as prescription medication
ex. antibiotics)
c) chronic conditions that cause occasional periods when the employee or their family
member are incapacitated and require treatment by a health care provider at least
twice (2) a year
d) pregnancy (including prenatal medical appointments, incapacity due to morning
sickness, and medically required bed rest)

Employees with questions about what illnesses are covered under this FMLA policy are
encouraged to consult with the Human Resource Director.
If an employee takes paid sick time for a condition that progresses into a serious health
condition and the employee requests unpaid leave as provided under this policy, IMAGINE may
designate all or some portion of related leave taken as leave under this policy, to the extent that
the earlier leave meets the necessary qualifications.

*Family Members Defined:


1. Spouse a husband or wife and includes individuals in a common law marriage or
same-sex marriage. Domestic partners and civil unions do not qualify as the
employees spouse for purposes of this policy.
2. Son, daughter (or child) a biological, adopted, or foster child, stepchild, legal ward,
or child of a person standing in loco parentis**, who is either under age 18, or age 18
or older and incapable of self-care because of a mental or physical disability at the
time that FMLA leave is to commence. The son or daughter of a same-sex spouse is
considered the employees child for the purposes of this policy.
3. Parent a biological, adoptive, step or foster father or mother, or an other individual
who stood in loco parentis to the employee when the employee was a child. This does
not include parents-in-law.

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**in loco parentis Defined:


A person stands in loco parentis if that person provides day-to-day care or financial
support for a child. Employees with no biological or legal relationship to a child can stand in loco
parentis to that child, and are entitled to FMLA leave (for example, an aunt who cares for her
sisters children while she serves on active military duty, or a person who is co-parenting a child
with his or her same-sex partner). Also, an eligible employee is entitled to FMLA leave to care
for a person who stood in loco parentis to that employee when the employee was a child.

IMAGINE may require employees who take leave to care for a family member to provide
reasonable documentation for purposes of confirming a family relationship either by providing
documentation, such as marriage license or court document, or by providing a statement
asserting that the requisite family relationship exists.
If a husband and wife both work for IMAGINE and each wishes to take leave for the birth
of a child, adoption or placement of a child in foster care, or to care for a parent (but not a
parent "in-law") with a serious health condition, the husband and wife may only take a combined
total of 12 workweeks of leave.

Military Family Leave


The FMLA also provides certain military family leave entitlements. An employee may
take FMLA leave for specified reasons related to certain military deployments, including up to 26
weeks of FMLA leave in a single 12-month period to care for a covered servicemember with a
serious injury or illness. IMAGINE will follow all requirements of the FMLA for military family
leave. An employee who is using military FMLA leave for a qualifying exigency or caregiving
must use accrued vacation paid time off prior to being eligible for unpaid FMLA leave.

Requesting FMLA Leave


To take FMLA leave, employees must provide 30 days advance notice and complete the
Leave of Absence Request form. IMAGINE will notify the employee if they are eligible for FMLA
leave within five (5) business days of their first leave request. Employees will receive a notice of
their rights and responsibilities. When the employee needs FMLA unexpectedly, the employee
must inform the Human Resources Director and their Center Director immediately. All
employees must follow IMAGINEs Attendance Policy and usual and customary call-in
procedures absent an unusual circumstance. An employee cannot request future dates for
FMLA leave. FMLA leave is permissible when medically necessary, (e.g. to avoid onset of
illness).
While employees do not have to specifically ask for FMLA leave for the first leave
request, they are required to provide enough information, such as the completion of the
Certification of Health Care Provider form, which must be returned fifteen (15) calendar days, so
that IMAGINE is aware the leave may be covered under FMLA. After a condition has been
approved for FMLA leave, the employee will receive the Designation Notice five (5) business
days after the receipt of a certification form and will detail how much leave will be counted
against the employees FMLA entitlements. If the employee needs additional leave for that
condition (physical therapy appointments, prenatal care), the subsequent request and
documentation must mention the condition and the need for FMLA leave. If IMAGINE is not
given enough information to know that the employees leave may be covered by FMLA, the
leave many not be protected. Therefore, employees must provide information indicating that the
leave is due to an FMLA-protected condition. Any requests for FMLA pertaining to time off from
work to use medical marijuana for a serious health condition will be evaluated and approved as
per applicable state law.
An employee who fraudulently obtains or uses FMLA leave is not protected by FMLAs
job restoration or maintenance of health benefits provisions, and IMAGINE will conduct an

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investigation, to include requesting employee to come in to discuss issue, and take all available
appropriate disciplinary action against such employee due to such fraud.

Communication with Human Resources


Employees are required to inform the Human Resources Director if their need for FMLA
leave changes while they are out on leave (for example, if the employees doctor determines
that they can return to work earlier than expected or will be out of work longer than expected).
IMAGINE may require the employee to provide periodic updates on their status and intent to
return to work, including completion of the Medical Evaluation Certification of Ability to Perform
Work-Related Duties form.

Benefits during FMLA


FMLA leave is unpaid leave. While an employee is on leave, IMAGINE will continue the
employee's health benefits as if the employee was not on leave. While on paid FMLA leave,
IMAGINE will continue to make payroll deductions to collect the employee's share of the
premium. While on unpaid FMLA leave, the employee must follow the Benefits section in the
LOA Policy.

Employee Status after Leave


An employee who takes leave under FMLA may be asked to provide a medical
evaluation certification from their healthcare provider prior to returning to work. See Certification
for FMLA leave.
An employee who takes FMLA leave will be able to return to the same position or a
position with equivalent status, duties, responsibilities, pay, benefits (health insurance, sick and
vacation paid time off) and other employment terms. The position will include the same general
level of skill, effort, responsibility, authority, offer the same general work schedule, and be at the
same or a nearby location. Therefore, virtually identical to the position in terms of pay, benefits
and working conditions prior to the FMLA leave.
If the employee exhausts their FMLA leave entitlement and are unable to return to work,
IMAGINE is not required to restore the employee to their position. However, IMAGINE will follow
the ADA/AA leave requirements, if applicable.

Use of Paid and Unpaid Leave


FMLA leave is unpaid. However, if the employee has accrued sick and/or vacation time
balances, the employee may use that time, along with their FMLA leave to continue to get paid.
Sick and vacation paid time off will run at the same time or concurrently with FMLA leave.
In order to use this time, employees must follow IMAGINEs normal request procedure
utilizing ADP-Workforce Now to ensure that they are paid appropriately.
An employee who is taking FMLA leave for a family members serious health condition
must use 80 hours accrued sick paid time off and exhaust all vacation paid time off prior to
being eligible for unpaid FMLA leave.
An employee who is taking FMLA leave for the adoption or foster care of a child must
use 80 hours of accrued sick time and all accrued vacation paid time off prior to being eligible
for unpaid FMLA Leave.
IMAGINE, at its discretion, may require an employee to use available accrued vacation
time. Whenever an employee uses their paid time off for an FMLA-covered reason (whether at
the employees request or IMAGINEs), the employees leave is still protected by the FMLA.

NOTE: If an employee receives workers' compensation or disability payments, it is at


the discretion of the employee to substitute accrued sick paid time off for any part of the

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absence covered by such payments. Disability and workers compensation absences run
concurrent with and reduce employees FMLA entitlement.

Certification for FMLA Leave


IMAGINE will request medical certification. The employee must respond to such a
request within fifteen (15) calendar days of the request or provide a reasonable explanation for
the delay. Employees are responsible for the cost of getting the certifications from their health
care providers and for making sure that the certifications are provided to the Human Resources
Director. Failure to provide certification will result in a denial of continuation of leave and may
result in termination of employment.
If IMAGINE finds that necessary information is missing from the certifications, we will
notify the employee in writing of what additional information is needed to make the certification
complete. Employees must provide the missing information within seven (7) calendar days.
IMAGINE reserves the right to contact the health care provider for clarification.
If an employees need for leave continues for an extended period of time, or if it changes
significantly, IMAGINE may required the employee to provide an updated certification.
IMAGINE may request recertification for the serious health condition of the employee or
the employees family member every six (6) months in connection with an FMLA absence.
Therefore, the employee must submit new medical certifications and may be subject to a
second and third opinion, if necessary.
For any patterns of absences, such as, absences occurring on the same day of the
week, or Mondays and Fridays where the employee is extending their weekend, IMAINGE will
request physician to re-certify to explain. For intermittent FMLA, IMAGINE will request
recertification for each year after initial certification.
If any FMLA medical certification indicating the employees health condition is or could
be work-related, IMAGINE will not inquire whether the injury or illness is related to work.

Designation of FMLA Leave


For questions regarding the designation of FMLA for an overnight stay in a hospital, a
minimum of eight (8) hours is an appropriate period of time. IMAGINE will rely on 29 C.F.R.
825.300(d)(2); therefore, if IMAGINE has sufficient information to designate the leave as FMLA
leave immediately after receiving notice of the employees need for leave, IMAGINE may
provide the employee with the designation notice at that time.

Workers Compensation and FMLA


An employees workers compensation absence that qualifies as a serious health
condition runs concurrent or together with FMLA. If IMAGINE offers the employee a light duty
position under workers compensation rules, the FMLA does not require the employee to accept
the light duty position. The employee may decline the light duty position and continue on FMLA-
protected leave until able to return to the same or equivalent job he or she left. If the employee
does not accept the light duty position, however, s/he may lose workers compensation benefits.

Outside Employment
You may not work for outside employers while on FMLA leave with IMAGINE.

Return to Work Documentation


A return to work documentation to determine fitness-for-duty, such as the Medical
Evaluation Certification of Ability to Perform Work-Related Duites, is required by most
employees on FMLA leave to address the employees ability to perform the essential functions
of his/her job. IMAGINE will determine the type of return to work document and will follow its
Return to Work Policy.

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IMAGINE will not interfere with, restrain, or deny the exercise of, or the attempt to
exercise, any FMLA right. IMAGINE will not discriminate or retaliate against an employee or
prospective employee for having exercised or attempted to exercise any FMLA right, such as,
taking FMLA leave as a negative factor in employment actions, such as hiring, promotions, or
disciplinary actions.

New Jersey Paid Family Leave


This benefit is for New Jersey state employees only. Employees are able to receive
wage replacement up to the state maximum for the time frame listed below to take time off from
their jobs to care for a seriously ill relative or bond with a newborn or newly adopted child.
Family Leave Insurance (FLI) is part of New Jerseys Temporary Disability Benefits Law.
Temporary Disability Insurance (TDI) provides income per week to disabled employees,
including female employees during part of their pregnancy and is separate from wage
replacement under New Jersey Paid Family Leave (FLI). TDI and FLI do not provide job
protection; however, employees may be eligible for FMLA and are encouraged to review the
FMLA Policy. New Jersey Paid Family Leave runs concurrent or together with other leaves of
absences, such as FMLA, and paperwork should be prepared before the employee begins
leave to ensure prompt payment of their wage replacement. Paid Family Leave does not reduce
or impact leave rights under FMLA.
All notice requirements must be met to be approved for FLI. Failure to provide required
notice will result in loss of 2 weeks worth of benefits, unless due to unforeseeable
circumstances.

Eligibility
To be eligible for New Jersey Paid Family Leave, the employee must meet all of the
following conditions:
1) The employee must have worked for IMAGINE for 20 calendar weeks in the 52
weeks prior to the start of the paid family leave; OR
2) The employee must have earned 1,000 times the NJ minimum wage at the time of
the commencement of the leave.

Types of Leave Covered


To qualify as New Jersey Paid Family Leave, the employee can take up to the following
for the reasons listed below:
a) 6 workweeks in any 12-month period
b) intermittent weeks
c) 42 intermittent days during the 12-month period beginning with the first date
out of work

1) Care* for a newborn, within 12 months of birth, requires 30 days prior notice
2) Care for a newly adopted child, within 12 months of placement, requires 30 days
prior notice
3) Care for a family member** with a serious health condition, defined as, illness, injury,
impairment or physical or mental condition which requires: (i) inpatient care in a
hospital, hospice, or residential medical care facility or (ii) continuing medical
treatment or continuing supervision by a health care provider. Must provide as a
requirement prior notice in a reasonable and practical manner absent emergency or
unforeseen circumstances

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*Care means but is not limited to physical care, emotional support, visitation, assistance in
treatment, transportation, arranging for a change in care, assistance with essential daily living
matters and personal attendant services;
**Family member means spouse, civil union partner, domestic partner, parent (biological, foster,
adoptive, step, or legal guardian) or child (biological, adopted, foster, step, legal ward, child of a
domestic partner or civil union partner who is under 19 or over 19, but incapable of self-care
because of mental or physical impairment).

Intermittent Paid Family Leave


IMAGINE consent is not required, however, the following are the conditions must be met
for intermittent leave:
1) Total time within which leave is taken cannot exceed 12 months.
2) Must submit Medical Certification as to medical necessity.
3) Must provide at least fifteen (15) days prior notice, absent emergency or unforeseen
circumstances.
4) Must make reasonable effort to schedule leave to avoid undue disruption.
5) Must provide in advance a regular schedule of the days of the week when leave will
be taken

Certification for Paid Family Leave


Medical certification is required when leave is to provide care for a sick family member.
Certification must state date of onset of condition, if known; probable duration of condition;
medical facts within knowledge of provider regarding the condition; a statement that condition
warrants participation of employee; and estimate amount of time care will be needed. If
intermittent leave is taken, certification must state that intermittent leave is medically necessary,
expected duration of intermittent leave, and if leave is for planned medical treatment, the dates
of the treatment.

Waiting Period for Paid Family Leave


There is a one (1) week waiting period. If benefits continue for three (3) weeks, benefits
are payable retroactive to the first day. If the employee has personal disability under TDI and
then immediately takes Paid Family Leave, there is no waiting period between the two.

Use of Sick and Vacation Paid Time Off


IMAGINE will require employees to first use all available sick and vacation paid time off
up to two (2) weeks prior to using Paid Family Leave. The employee is permitted to use their
sick and/or vacation paid time off during the one (2) week period. IMAGINE will reduce the
number of sick and/or vacation days used to reduce the number of available Paid Family Leave
benefits. Therefore, if an employee requests 6 weeks of Paid Family Leave and has a combined
balance of 90 hours of sick and vacation, the employee is required to use 80 hours of sick and
vacation hours and will have available 4 weeks of Paid Family Leave.

Procedure to Receive Paid Leave Benefits


It is the responsibility of employees to submit their claims to the State no later than 30
days after leave begins. Benefits may be denied or reduced if the claim is filed late. Employees
must inform the State of any other benefits they are receiving, such as paid time off. If an
employee returns to work during the period for which they claimed FLI benefits, they must report
the return to work date to the State immediately. The required documentation to the State and
telephone numbers can be found at:
http://lwd.dol.state.nj.us/labor/forms_pdfs/tdi/fl1.pdf

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It is not recommended to send in separate parts of the application, which may delay your
claim. IMAGINE will complete the Employers Statement and verify the Intermittent Family
Leave Claim form and forward to employee for submission to the NJ Division of Temporary
Disability Insurance for eligibility determination. Therefore, the State determines whether to
grant Paid Family Leave benefits.
If an employee is receiving temporary disability benefits from the State Plan (TDI) for a
pregnancy related disability, they will receive instructions for claiming Paid Family Leave
benefits for bonding with their newborn child.

IMAGINE is not required, under the Paid Family Leave Law to restore employees to their
employment upon expiration of the leave. IMAGINE may permanently replace employees who
take leave under the Paid Leave Law. However, IMAGINE will restore employees under the
FMLA, if applicable.

Parental Leave: A parental LOA may be granted to full-time employees, six (6) weeks natural
or eight (8) weeks caesarean birth. (This applies when there are no medical complications due
to pregnancy or childbirth; if there are medical complications due to pregnancy or childbirth, a
Disability LOA will apply.) A parental leave of absence may also be granted for placement of a
child in the employee's care for adoption or foster care. Upon making a request for a LOA, the
employee may be required to provide documentation to support the birth or legal placement of a
child. Payout of accrued sick time hours will follow IMAGINEs Family Sick Leave Use Policy for
all employees.

Personal Leave: IMAGINE may grant a personal leave of absence to full time regular
employees who have at least three (3) months of consecutive service for unique or
extraordinary reasons that may not apply to the other types of LOA provided that, as with all
other types of LOA, the maximum amount of LOA time has not been used. The Director will
evaluate such requests on an individual basis. Documentation may be required. Consideration
will be given to all of the circumstances, including the employees employment history and the
staffing needs of the Center. The maximum amount of time that can be granted for a personal
leave is four (4) weeks in any 12-month period (calculated by using the rolling method). The
decision to grant a Personal LOA will be based on the business needs of IMAGIINE and at the
discretion of the Director and Executive Director. Employees on a Personal Leave are required
to exhaust all accrued vacation paid time off hours.

Job Protection, Benefits (if applicable) and Returning to Work after a Disability, Parental
and/or Personal LOA: Upon the expiration of the leave, the employee may be returned to his
or her former position, if available. For LOAs under the ADA, IMAGINE will follow those
guidelines for job restoration. If the employee's position is not available, the employee may be
offered another available position for which s/he is qualified. If no position is available when the
employee is able to return to work, the employee will be terminated and may apply for the next
available position.
Employee's medical coverage will end on the last day of the month in which the leave
started. Employees will have the opportunity of continuing their benefits for the maximum
period required by COBRA legislation.

Serious Diseases
It is the policy of IMAGINE that employees with serious diseases or illnesses or
employees that may be undergoing testing to diagnose a serious disease or illness may work as
long as they are able to perform the essential duties of their job without undue risk to their own
health or that of other employees, children, parents or members of the public.

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For the purposes of this policy, serious diseases and illnesses include, but are not
limited to: cancer, heart disease, depression, multiple sclerosis, and certain musculoskeletal
disorders.
Employees afflicted with a serious disease or illness are to be treated no differently than
any other employee. Therefore, if the serious disease or illness affects their ability to perform
assigned duties, those employees will be treated like other employees who have disabilities
which limit their job performance.
An employee who is diagnosed as having a serious disease or illness and who wants an
accommodation or if the disease or illness threatens the health or safety of the employee or
others should inform the Director or the Human Resources Director of the condition as soon as
possible. Directors and the Human Resources Director will review with the employee IMAGINE
policy on issues such as leaves of absence and disability, infection control, requesting and
granting reasonable accommodations, IMAGINEs continuing expectation regarding the
employees performance and attendance, and available benefits.
Employees who have a serious disease or illness and who want an accommodation
must complete the Request for Reasonable Accommodation Form and provide the Human
Resources Director with any pertinent medical information needed to make decisions regarding
job assignments, ability to continue working, or ability to return to work. IMAGINE may also
require a doctors certification of an employees ability to perform job duties. In addition,
IMAGINE may request that an employee undergo a medical examination.
IMAGINE will attempt to maintain the confidentiality of the diagnosis and medical records
of employees with serious diseases and illnesses, unless otherwise required by law. Information
relating to an employees serious disease or illness will be treated as confidential and ordinarily
will not be disclosed to other employees.
IMAGINE will comply with applicable occupation safety regulations concerning
employees exposed to blood or other potentially infectious materials. Work practice controls
and precautions will be used where appropriate to limit the spread of diseases in the workplace.
Employees concerned about being infected with a serious disease or illness by a
coworker, child, parent or other person should convey this concern to their Director or the
Human Resources Director. Should a Director become aware of a possible infection to any
employee, IMAGINE may take the position to transfer the employee, if possible, or place the
employee on a leave of absence. Employees who refuse to work with or perform services for a
person known or suspected to have a serious disease or illness, without first discussing their
concern with a Director, will be subject to discipline. In addition, where there is little or no
evidence of risk of infection to the concerned employee, the employees continued refusal may
result in discipline, up to and including termination of employment.

Disability Insurance for Off-the-Job Injury or Illness


Eligible employees must complete four (4) weeks of employment with IMAGINE before
filing for disability benefits. Newly hired employees who have been employed by IMAGINE for
less than four (4) weeks, must apply for disability benefits from their previous employer.
IMAGINEs return to work procedure will be followed.
Eligible employees may receive disability payments to a maximum of twenty-six (26)
weeks in a fifty-two (52) week period. The current maximum weekly disability benefit is
$255.00 as calculated by the insurance carrier and is based on the eligible employees salary.
Therefore, an employee may receive less.
Employees must file claims for disability within thirty (30) days after the first day of
disability or payment of benefits may be denied. Eligible employees will receive the Notice and
Proof of Claim for Disability Benefits Form from Human Resources. Pregnancy is treated as a
disability. In the event of complications, an employee is eligible for up to a maximum of twenty-
six (26) weeks of benefits provided their physician certifies the disability.

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The first seven (7) calendar days of disability are a waiting period. The employee will
not receive any disability benefits. Available sick and/or vacation paid time off is used to cover
this waiting period. Beginning with the eighth (8th) calendar day, eligible employees will
receive benefits from IMAGINEs New York State disability insurance carrier. Employees
residing in New Jersey are eligible for disability benefits from the State of New Jersey Division
of Temporary Disability Insurance.
Employees cannot receive disability benefits while they are receiving workers
compensation benefits, unemployment or any day of disability during which an employee
performs any work for pay.
You are not required to substitute accrued sick time during periods when you are
receiving benefit payments under a Disability leave. You must notify the HR Coordinator of your
intention to substitute or receive accrued sick time.
Absences due to disability will run concurrent with and reduce employees FMLA
entitlement and any leave in the LOA Policy.
IMAGINE reserves the right to confirm the necessity for disability leave by requiring the
employee to receive a second or third opinion by a doctor of IMAGINE's choice. IMAGINE will
assume any costs for additional examinations that are not paid by the insurance carrier.
IMAGINE will attempt to return an employee who is returning from a short-term disability
leave to the same or similar job, at the same salary that the employee held prior to the leave.
Under some circumstances, however, permanent replacement during a leave may be required,
or in some instances, staffing requirements may change. Therefore, unless an employee is
entitled to return to the same or an equivalent position under FMLA, a job cannot be guaranteed
when the employee is ready to return to work from a disability leave. In the event the employee
is not entitled to return to the same or an equivalent position under the FMLA and a position is
not available or if the employee chooses not to return to work, upon the expiration of the
disability leave, the employee will be terminated.

Workers Compensation Insurance


IMAGINE is covered under statutory state Workers Compensation Laws and covers any
injury or illness sustained in the course of employment that requires medical, surgical, or
hospital treatment. Subject to applicable legal requirements, workers compensation insurance
provides benefits after a short waiting period or, if the employee is hospitalized, immediately.
Employees who sustain work-related injuries or illnesses must inform their Center
Director and the Human Resources Director immediately, no matter how minor it may appear.
This will enable an eligible employee to qualify for coverage as quickly as possible. Therefore,
employees are expected to report to their Director within a reasonable amount of time after they
realized that they had suffered a work-related injury or illness. Employees will not be
discriminated against for be subject to any retaliation for reporting work-related injuries or
illnesses. Reporting of work-related injuries or illnesses can be verbal or by email to their Center
Director or the Human Resources Director. Employees and their representatives have a right to
access their illness or injury records.
The employees treating health care provider must be authorized by the Workers
Compensation Board, except in an emergency situation. Employees can obtain a list of
approved treating health care providers or doctors by calling our Workers Compensation
Insurance Carrier. In the case of an emergency, you should go to the nearest urgent care center
or hospital emergency room for treatment. IMAGINE will inform the insurance carrier of any on-
the-job injury or illness, except those that require only first aid, and where the employee is out of
work for less than one day. As a partially exempt employer, IMAGINE is not required to post the
OSHA 300A log. Upon request by OSHA, IMAGINE will submit data related to any work-related
injuries or illnesses and comply with all OSHA requirements.

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All employees are expected to comply with safety rules. If you do not report an injury,
you may jeopardize your right to collect workers compensation benefits or other compensation
to which you may be entitled. IMAGINEs return to work procedure will be followed.
You are not required to substitute accrued sick time during periods when you are
receiving benefit payments under Workers Compensation. You must notify the HR Coordinator
by email of your intention to substitute or receive accrued sick time. Workers compensation
absences run concurrent with and reduce employees FMLA entitlement and any leave in the
LOA Policy.

Return to Work Procedure


To determine the return to work status of an injured or ill employee, Imagine Early
Learning Centers has implemented the following procedure:
Human Resources will contact the injured or ill employees physician(s) via fax. The
documents will contain a cover letter with Imagines contact information, the employees job
description including physical requirements, and a medical evaluation certification that must be
completed by the physician(s). Costs for doctor visits and/or document completion by
physician(s) are the employees expense.
It is expected that the injured or ill employee will contact his/her physician(s) to facilitate
the return to work process and call his/her physician(s) to expedite the completion of the
medical evaluation statement. The employee is required to use all accrued paid time off. After
all paid time off is exhausted, the employee will be on an unpaid leave.
After the medical evaluation certification is received by IMAGINE, the limits and/or
restrictions reported by the physician(s) will be reviewed to determine if the employee can
perform the essential functions of his/her job. The Human Resources Director, together with the
injured employees supervisor(s) and IMAGINEs management team, will review the medical
evaluation to decide if a reasonable workplace accommodation can be made based on the
information reported by the physician(s), provided that the accommodation does not impose
undue hardship to Imagine. The employees return to work status will be based on
managements decision.
If it is decided that the employee cannot return to work at that time, a follow-up medical
evaluation certification will be forwarded to the employees physician after their re-evaluation
and will be reviewed upon receipt. The injured employee may not return to work until s/he
receives clearance from either the Human Resources Director or the center Director. If it is
determined that IMAGINE cannot reasonably accommodate restrictions and/or limitations as set
forth by the employees physician(s), management at its discretion may terminate employment
utilizing the legal boundaries permitted.
IMAGINE encourages employees to get vaccinated, including for influenza. Should an
employee be ill with a communicable disease.

Other Types of Leave

Bereavement Leave
Full-time and part-time employees working 30 hours or more each week are eligible for
bereavement leave with pay, not to exceed three (3) regular work days for death(s) in their
immediate family. Immediate family member includes parents (the 2 persons designated by the
employee that they identify as their parents), spouse, children, grandparents and siblings. It is
understood that these are blood relatives and legally recognized children. IMAGINE reserves
the right to request documentation and relationship to the deceased as proof. Leave must be
taken consecutively, at the time of occurrence or within a reasonable period of time, which is

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deemed to be within 30 days. The Director should notify Human Resources of the reason and
length of the employee's absence. Any time off taken beyond the three (3) bereavement days
will be charged against an employees available accrued vacation time. If an employee does not
have any available vacation time, all days taken off will be unpaid.

Blood Donation Leave


Employees in New York State taking leave for off-premises blood donation shall be
permitted at least one (1) leave period per calendar year of three (3) hours duration during the
employees regular work schedule, which may be paid using accrued vacation time. Any
additional leave time taken by employees in connection with off-premises blood donation shall
be deducted from vacation hours. Employees are required to give at least three (3) working
days notice prior to the day on which leave will be taken. If the employee requesting the blood
donation leave fills a position essential to the operation of IMAGINE or necessary to comply with
legal requirements, such as classroom coverage/ratio, the employee is required to give ten (10)
working days notice prior to the day on which the leave will be taken. Proof of blood donation
may be requested. Off premises blood donation leave does not accrue if it is not used during the
calendar year.

Educational Leave
A leave for educational purposes, which will enable the full time employee to develop
professional skills and/or credentials related to their job requirements at IMAGINE; and thus,
provide better service and/or meet licensing and accreditation requirements, may be granted by
the Director. Employees must be full time to be eligible for an educational leave. Employees
are required to request an educational leave, on the Leave Request Form, sixty (60) days prior
to the start of the leave. Terms of such leave are at the sole discretion of the Center Director
and shall be clearly set forth in writing. Employees granted an educational leave must exhaust
all vacation paid time off balances while on the leave.

Jury Duty
An employee summoned to jury duty will be expected to serve and will be granted the
appropriate time off. Upon receipt of the notice to serve jury duty, the employee must
immediately notify his/her supervisor, as well as the Human Resources Coordinator. A copy of
the notice to serve jury duty should be forwarded to the Human Resources Department. Full
time and part time (benefits eligible) employees on jury duty will receive their salaries in full for a
maximum of two (2) weeks (10 paid workdays). Should an employee remain on jury duty past
two (2) weeks, they can request to be paid using their available vacation hours. Employees
working in New Jersey can decide to be paid by the respective jurisdiction, if the Court allows.
You must notify your Director in writing that you will decide to be paid by the Court and not
IMAGINE. If an employee receives payments for jury duty and were paid by IMAGINE,
employees must hand over the court check to IMAGINE. Upon the employee's return, the
employee must submit a Certificate of Jury Service indicating the number of days served to their
Director and the Human Resources Department. The Center reserves the right to request that
an employee postpone jury duty in accordance with the courts procedures if such an absence
affects Center activities. The employee must cooperate with this request.

Military Leave
All requests for military leave will be handled in accordance with applicable law. An
employee who is required to serve reserve or military duty will not receive regular salary from
IMAGINE. However, if the salary earned in reserve or National Guard assignment is less than
the regular IMAGINE pay, IMAGINE will pay the difference for up to two (2) weeks each year. If

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the reserve or National Guard pay is more, the employee will keep that full pay, but will not
receive any compensation from IMAGINE.

Parental Involvement Leave (NY State employees only)


Employees working in New York State are eligible for a total of sixteen (16) hours, no
more than four (4) hours of which may be taken on any given day, during any school year to
attend school conferences or classroom activities related to the employees child that cannot be
scheduled during non-work hours. The employee must have worked at least six (6) consecutive
months immediately preceding a request for this leave and work at least a total of 18.75 hours
every week.
The term child means a biological, adopted or foster child, a stepchild or a legal ward of
an employee who is enrolled in a primary or secondary public or private school or educational
facility located in New York State.
Employees must exhaust all accrued vacation paid time off before this leave, not
including sick paid time off.
Before arranging attendance at any such conference or activity, the employee must
provide the Director with a written request for leave at least seven (7) business days prior to the
time the employee is required to utilize such leave. The employee must consult with the
Director to schedule the leave so as not to unduly disrupt the operations of the Center.
Upon completion of school conference and activity leave by the employee and if
requested by IMAGINE, the school administration shall provide the employee documentation
verifying the school visit. IMAGINE may request this verification and employees must submit
this document as proof.

Religious Observances
An employee may request time off for religious observance, which will be considered
and not unreasonably denied. Leave for religious observance may be charged against accrued
vacation hours. Requests for time off should, because of business necessity, be made in
sufficient time prior to the observance to permit appropriate schedule changes to maintain
classroom required ratios. Schedule changes are not guaranteed. In general, Center Director
approval will not be considered unless requested at least ten (10) working days prior to the day
of religious observance to accommodate coverage issues. Employees are not permitted to
proselytize. Reasonable religious accommodations requests will be determined based on the
identifiable cost of the accommodation, including the costs of loss of productivity and of
retaining or hiring employees, or transferring employees from one classroom to another due to
coverage/ratio issues; the number of individuals who will need the particular accommodation to
a sincerely held religious observance or practice; and the employees inability to perform the
essential functions of their job. IMAGINE will engage in an interactive process with the
employee, as well as applicants, to determine reasonable religious accommodations.
Reasonable accommodations cannot cause undue hardship in the conduct of IMAGINEs
business, to include significant interference with the safe or efficient operation of the workplace
or a violation of a bona fide seniority system. All employees must still be able to perform the
essential functions of their position. Directors are expected to report to Human Resources any
applicant perceived to be in conflict with IMAGINEs Dress Code and Professional Appearance
Policy.

Time Off from Work in Connection with Court Cases


IMAGINE recognizes that an employee might be subpoenaed or otherwise required to
serve as a witness in a court case or arbitration. If an employee must appear in such a
proceeding, the employee must notify his/her supervisor immediately. Employees will not be
paid for the time they are away from work participating in a court case or arbitration, but may

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use available vacation hours to cover the time. Employees will not be terminated solely for an
absence made necessary by participating in a court case or arbitration.

BENEFITS

IMAGINE has established a variety of benefit programs designed to assist employees


and their eligible dependents. This portion of the Employee Handbook contains a very general
description of the benefits to which IMAGINE employees may be entitled to. In addition,
IMAGINE has provided detailed information regarding all benefits on its HR website which
employees are encouraged to review. Please understand that this general explanation is not
intended to, and does not, provide employees with all the details of these benefits. Therefore,
this Handbook does not change or otherwise interpret the terms of the official Plan documents
and Summary Plan Description (SPD). Employees rights can be determined only by referring to
the full text of the official Plan documents and SPD, which are available for examination from
the Human Resources Department. To the extent that any of the information contained in this
Handbook is inconsistent with the official Plan documents and SPD, the provisions of the official
Plan documents and SPD will govern in all cases.
Please note that nothing contained in the benefit plans described in this Handbook, plan
documents, and SPD, shall be held or construed to create a promise of employment or future
benefits, or a binding contract between IMAGINE and its employees, retirees or their
dependents, for benefits or for any other purpose. All employees shall remain subject to
discharge or discipline to the same extent as if these plans had not been put into effect.
As in the past, IMAGINE reserves the right, in its sole and absolute discretion, to amend,
modify or terminate, in whole or in part, any or all of the provisions of the benefit plans described
in this Handbook, plan documents, and SPD, including any health benefits that may be
extended to employees dependents. Further, IMAGINE reserves the exclusive right, power and
authority, in its sole and absolute discretion, to administer, apply and interpret the benefit plans
described in this Handbook, plan documents and the SPD, and to decide all matters arising in
connection with the operation or administration of such plans. In addition, IMAGINE has
selected non-discriminatory plans and will not be liable for the denial of coverage of a particular
medical procedure by an insurance company, even when that denial may constitute
discrimination on the basis of gender.
For more complete information regarding any of our benefit programs, please refer to the
SPD, which was provided to you separately or contact the Human Resources Department. If
you lost or misplaced this document, please contact the Human Resources Department for
another copy.
IMAGINE offers a comprehensive benefits package to all full time employees.
Employees enroll or decline benefit coverage(s) at the time of eligibility, either by paper or on
ADP-Workforce Now. The employees monthly cost(s) for the benefit plans are paid by the
employee through payroll deduction(s).
Several of the benefits offered are on a pre-tax basis and can save employees money by
reducing their taxable income. This is because taxes will be calculated after the pre-tax
deductions are taken from their gross salary. Please note that an employees taxable income
will be reduced for Social Security purposes; therefore, there may be a corresponding reduction
in Social Security benefits.

Child Care Tuition Discount


Child care, at a reduced rate, may be available at the employees Center or another
IMAGINE site considering the following factors:

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Center enrollment
Age of the child
Individual Center budgets
Seniority
Employees may be required to have worked for IMAGINE full time for 3 years to be
eligible for child care benefits
All employee children must be placed on the waitlist
Sponsor employee children retain enrollment priority
Enrollment of one child does not guarantee the employee enrollment of future children
Employees eligible for tuition assistance from State/City/County or other local funding
agencies should first apply for those resources before the employee discount.
Employees must provide to the HR Director proof of household income in the form of the
most recent tax return, to be eligible for the appropriate reduced rate. The higher rate of
the reduced rate will apply if proof of income is not submitted.
Every employee receiving childcare will have a minimum $5 per paycheck payroll
deduction.

IMAGINE reserves the right to adjust these parameters.

COBRA
If an employee is released from employment for reasons other than gross misconduct or
otherwise leaves IMAGINE and has been continuously covered by IMAGINEs group insurance
plan(s) prior to separation, the employee and their dependents may have the right to continue
coverage under COBRA as set forth in the rules of the Plan. For questions about this coverage,
contact the Human Resources Director.

Death Benefit
IMAGINE will provide, at no cost to full time employees, a $5,000 death benefit to the
designated beneficiary of an employee in the event of an employees untimely death. It is the
responsibility of the employee to keep their beneficiary designees and their contact information
current with the Home Office.

Employee Referral Program


Imagine is always looking for qualified candidates to employ, and that is where
employees can assist and receive money in the form of a check. Referral of a candidate that
applies for a regular full-time or part-time position and who meets the qualifications for an
existing open position, may be worth $100 if the individual is hired as an employee and remains
employed with IMAGINE for six (6) months.
Employees can refer candidates who meet the qualifications to Human Resources using
the Candidate Referral Form on the HR and Teachers websites. The referring employee will be
awarded $100 after the referral has worked six (6) consecutive months from the date of hire.

Program Rules
Referral Eligibility: All IMAGINE employees, except Human Resources personnel and
Associate Directors and above, are eligible to refer candidates.
The referral date cannot be earlier than the date the job is posted.
The referral must represent the candidate's first contact with IMAGINE. Temporary,
substitute, seasonal, contract and former employees of IMAGINE are not eligible
candidates for referral awards.
To be eligible for an award, the referrals must first be submitted to Human Resources by

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completing the Candidate Referral Form. Candidates must apply using IMAGINEs
current recruitment applicant software.
The referring employee must agree to have his/her name used for introduction.
The first employee to refer a candidate will be the only referring employee eligible for
payment.
Only candidates who meet the essential qualifications for the position will be considered.
All candidates will be evaluated for employment consistent with IMAGINE policies and
procedures.
All information regarding the hiring decision will remain strictly confidential.
The referring employee must still be employed by IMAGINE during the hired candidate's
first consecutive six (6) months of employment in order to receive payment.
Any disputes or interpretations of the program will be handled by the Human Resources
Director.

Expenses Incurred by Employee


All authorized expenses must be substantiated by vouchers and/or receipts and pre-
approved by the Director. Authorized transportation will be reimbursed at the current prevailing
rate per mile plus tolls, or cost of public transportation for travel in excess of the employees
normal commute. Exempt employees will be paid their regular salary for weeks in which they
travel. Non-exempt employees will be paid for travel time in accordance with federal and state
wage payment laws.

Fit & Healthy Program


We hope that our employees embrace a fit and healthy lifestyle. IMAGINE sponsors Fit
& Healthy competitions throughout the year. These competitions are voluntary. Rewards are
based on the winners of the competition.

Flexible Spending Plan


After one (1) year of continuous employment, full time employees can elect to participate
in IMAGINEs Flexible Spending Account (FSA) Program beginning the 1st quarter after twelve
(12) months of service. Employees will receive information on the Flex Plans before they are
eligible to initially enroll. Thereafter, re-enrollment is required annually. Payroll deductions are
pre-tax and can be used for medical and/or dental expenses that are not reimbursed and/or for
child care expenses. At the beginning of each plan year (January 1), eligible employees elect a
specific dollar amount for each FSA they wish to participate in. Enrollment in the FSA program
is for the entire calendar year.
According to IRS regulations, if eligible medical or dental expenses incurred by
employees during the calendar year are less than their elected annual amount of flex dollars for
that year, employees must forfeit the balance.

Medical, Dental and Vision Insurance


Full time employees are offered the opportunity to participate in IMAGINEs medical,
dental and vision insurance plan(s). Deductions are on a pre-tax basis and the cost share for
medical insurance is based on the employees respective Group. Coverage becomes effective
relative to healthcare reform requirements. Check with the Human Resources Department.

Open Enrollment
Should an employee decline/waive enrolling in benefit plans governed by the Summary
Plan Description (SPD) after their initial waiting period, the ONLY other opportunity to enroll in

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the future is during open enrollment. The open enrollment periods for all applicable benefits
offered by IMAGINE are detailed on the HR website.
General exceptions to waiting until the next open enrollment period for medical, dental
and/or vision coverage(s) are explained below and in further detail in the distributed Summary
Plan Descriptions (SPD). Employees opting out of coverage are required to complete the
Acknowledgement of Loss of Health Insurance Procedure form.
Marriage: to add a spouse, the employee must enroll their spouse within 30 days after
the date of marriage.
Adoption or childbirth: to add the child, the employee must enroll the child within 30
days after the date of adoption or birth.
If an employee loses medical, dental and/or vision insurance coverage, the employee
must enroll within 30 days from the date coverage ends or is cancelled. Proof of loss of
insurance is required.
If an employees spouse and/or dependent loses medical, vision and/or dental insurance
coverage, the employee must enroll their spouse and/or dependent within 30 days from
the date their spouses coverage ends or is cancelled. Proof of loss of insurance is
required.

myRA
Visit the HR website for more information on myRA (Retirement Account) with the
Department of the Federal Treasury.

Transit Program
IMAGINE offers regular part time (not other part time) and full time employees the
opportunity to participate in the Transit program. The Transit program enables employees to pay
for their commute with tax-free dollars. Employees receive a commuter benefit product for use
to travel on the various transit systems within New York and New Jersey. The transit benefit
becomes effective on the 1st day of the month following the first two (2) months of continuous
employment.

Tuition Reimbursement
This tuition reimbursement policy does not affect the employment-at-will status and does
not constitute an employment contract. IMAGINE encourages employees to continue their
studies in fields of education, leading to required credentials for teaching positions at IMAGINE,
through tuition reimbursement. To be eligible for tuition reimbursement, employees must have:

1. regular full time status


2. completed one (1) year of continuous service
3. taken course(s) that began after one (1) year of continuous service with IMAGINE
4. applied to the New York State Education Incentive Program (NYSEIP) and submit
proof. IMAGINE will assist its employees (who live and will attend school in New
York State) to apply for monies available under the NYSEIP

Tuition Reimbursement to eligible employees is processed through payroll, usually two (2) to
three (3) paycycles after receipt of all required documentation. IMAGINE will reimburse up to
fifty percent (50%) of the tuition cost (excluding textbooks and any fees, etc.) paid by the
employee, not to exceed:

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$ 500.00 tuition reimbursement for successful completion of a CDA (Child Development Associate
Credential).

$ 1,000.00 tuition reimbursement for undergraduate level courses in any twelve (12) consecutive month
period

$ 1,500.00 tuition reimbursement for graduate level courses in any twelve (12) consecutive month period

Therefore, IMAGINEs reimbursement will not exceed $500.00 toward an initial CDA or renewal, and
$500 for undergraduate level and $750.00 for graduate level courses in any six (6) month period or
semester.

Employees must be enrolled in programs leading to a degree in Child Development,


Early Childhood, Elementary or Special Education. The employee must be a matriculated
student at an accredited college or university. To obtain reimbursement for tuition, upon
completion of the course(s) and no later than three (3) months after receiving a grade report, the
employee must submit the following:

Registrars receipt with course description


Bursars receipt as proof of payment
Grade report demonstrating a letter grade of B or better in such course(s)
NYSEIP Letter
Tuition Reimbursement Application
Tuition Reimbursement Agreement

Any employee who participates in IMAGINEs tuition reimbursement program agrees to


remain working with IMAGINE for a minimum of one (1) year of continuous employment after
the date on the signed Tuition Reimbursement Agreement. If an employee received tuition
reimbursement and should leave the employ of IMAGINE before such time, the employee
agrees to repay IMAGINE for any and all tuition reimbursements received.

Degree Incentive
Separate from and in addition to the tuition reimbursement policy, IMAGINE offers a
degree incentive award of $250 for the successful completion of a CDA (Child Development
Associate Credential), BA or MA in Early Childhood, Elementary or Special Education. This
award is available only to full-time employees with six (6) months of service hours. The award is
given upon the submission of the employees final transcripts, diploma or certification of the
credential or degree earned.

Voluntary Insurance Programs


IMAGINE offers voluntary insurance coverage programs for regular full-time and part-
time (excluding not benefits eligible) employees, which include immediate eligibility. All plans
are voluntary and are paid entirely by the employee through payroll deduction(s). The following
types of insurances are available: life insurance, whole life insurance, short-term disability,
hospital, accident, and cancer care. Visit the HR website for a complete listing of voluntary
benefits. Employees interested in participating in any of these plans can call the Home Office to
arrange for a representative to contact the employee directly.

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SEPARATION FROM EMPLOYMENT

It is the policy of IMAGINE to separate employees from employment due to resignation,


discharge, retirement or a permanent reduction in the workforce. Employees are free to resign
at any time and for any reason, and IMAGINE reserves the right to terminate employment at any
time for any reason.
IMAGINE reserves the right to accept the employees resignation and determine an
earlier final work date based on the needs of the Center.
Termination and discharge procedures are only guidelines and do not create a legal
contract between IMAGINE and its employees. IMAGINE reserves the right to implement its
policies and procedures as it sees fit. In addition, specified grounds for termination and
discharge are not all-inclusive since IMAGINE reserves the right to terminate employment for
any reason.

Reductions in Force/Layoff
In the event IMAGINE has to reduce employment because of adverse economic or other
conditions, layoffs generally will be conducted in a manner that is consistent with IMAGINE
requirements.
IMAGINE will attempt to avoid layoffs, and, whenever possible, will consider alternatives
to layoff before any final decisions are made. In the event that a layoff is expected, IMAGINE
will attempt to communicate information about an impending layoff as soon as possible.
Management reserves the right to alter the layoff procedure and withhold information about the
layoff as permitted by law in order to protect IMAGINEs business interests.
Layoffs that are expected to be temporary generally will be handled according to the
provisions of this policy. Temporary layoffs due to limited college sessions are handled on a
rotation basis, business needs of the Center, credential requirements to conduct business, and
at the discretion of the Center Director. During the closing of the college due to no sessions
being held, a temporary layoff is not an option for employees.
Employees who are laid off temporarily will be maintained on a recall list until
management determines the layoff is permanent, whichever occurs first. Employees who do not
keep a current home address and contact telephone number on record will lose their recall
rights. Employees on the recall list will be recalled according to business need, their
classification, their credentials, and their ability to perform the job. Employees laid off for more
than thirty (30) days and subsequently recalled within one (1) year from the date of layoff will be
credited with the years of service accumulated at the time of layoff and their prior vacation and
sick time accrual rates. If the layoff is expected to exceed thirty (30) days, vacation pay, equal to
the number of accrued unused vacation hours to the quarter will be paid at the time of layoff.
Employees selected for layoff, temporary and permanent, will be based on evaluation of
all or part of the following criteria:
(a) Demonstrated current and past performance,
(b) Length of service within their job classification,
(c) Past disciplinary warnings,
(d) Credentials and promotion potential and transferability of skills to other positions
within the Center and/or IMAGINE.
The Human Resources Department will answer any questions concerning benefits and
vacation accruals. Employees of IMAGINE are covered by the New York State and New Jersey
Unemployment Insurance Laws. To file an application for Unemployment Insurance in New York
State, employees can call the Telephone Claims Center at 1-888-209-8124, for New Jersey,
employees can visit http://lwd.dol.state.nj.us/labor/ui/fileui/appphone.html for the telephone
number for their respective area.

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Employees who were laid off due to a less than satisfactory work record or past
workplace violations are excluded from rehire consideration.

Resignation Policy
We hope your employment with IMAGINE is long lasting, but we understand that
circumstances change and an employee may need to voluntarily resign from IMAGINE.
1. Notice of Resignation: Employees are encouraged to provide IMAGINE advance
written notice of at least two (2) weeks. To be eligible to receive accrued vacation time balances
upon separation, all employees must have worked for IMAGINE 12 consecutive months and
provide two (2) weeks or ten (10) workdays notice. In addition, adequate notice of resignation
does not include any accrued vacation time. The notice period will assist IMAGINE in providing
time to find a replacement, as well as time to assist the employee in the exit process, including
closure with the children and families. After an employee gives notice, any time off that is taken
during the notice period will not be paid, if the time was not previously approved, including
accrued sick time. Failure to provide proper notice will lead to forfeiture of accrued vacation paid
time or other benefits at the discretion of IMAGINE, and the inability for reemployment/rehire. In
addition, accrued vacation hours will not be paid to employees who owe monies, such as
outstanding loans or tuition reimbursement received as per the Tuition Reimbursement
Agreement.
2. Form of Resignation Notice: All resignations must be confirmed in writing.
Employees are required to complete the Employee Resignation Form provided by IMAGINE for
this purpose, which includes the reason for leaving and the last date of employment (effective
date). Employees will receive a Confirmation of Resignation notice and information from the
Human Resources Manager. IMAGINE reserves the right to accept as a verbal resignation from
an employee that requests references from their Director or another IMAGINE employee.
3. Resignation for failure to report to work: Employees who fail to report to work for
three (3) consecutive days without properly communicating to their Director or supervisor the
reasons for their absence will be viewed as voluntarily resigning their employment as of the third
(3rd) day.
4. Rescission of resignation: IMAGINE may accept or deny a request to rescind
after considering the circumstances leading to the resignation, whether resignation was given
verbally or in writing. Employees who wish to discuss concerns about their continued
employment before making a final decision to resign are encouraged to speak with the Human
Resources Director.
5. Eligibility for Rehire: Where business needs dictate, it is the policy of IMAGINE
to rehire former employees who: a) voluntarily left company employment or b) were laid off due
to business slowdown(s). Employees who resign in good standing under this policy and whose
documented performance is above average under IMAGINEs performance evaluation process
will be eligible for reemployment with benefits and seniority as per the below (all applicable
waiting periods still apply). Former employees will be considered for open positions along with
all other candidates and must be able to perform the essential job functions and responsibilities,
including the physical requirements, as stated in the respective job description.
a) Employees who have five (5) to less than ten (10) years of service and are rehired
within one (1) year from their last date of employment at IMAGINE will retain their
seniority (years of service) and accrue vacation and sick time at the five (5) year rate.
b) Employees who have ten (10) or more years of service and are rehired within one (1)
year from their last date of employment at IMAGINE will retain their seniority (years
of service) and accrue vacation and sick time at the ten (10) year rate.
6. Ineligibility for Rehire: Former employees who had a less than satisfactory work
record or past workplace violations, who were involuntarily terminated by IMAGINE or who were

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laid off with a less than satisfactory work record or were terminated for disability-related failures,
are excluded from rehire consideration.
7. Reporting of Employee Departure: All departing employees, regardless of the
circumstances surrounding their departure, will be reported to parents and staff. This
notification will only state that the employee is no longer in the employ of IMAGINE.
8. Exit Interview: At the time of separation of service, the Human Resources
Department will conduct an exit interview. The purpose is to discuss the circumstances
surrounding the separation. It also provides an opportunity to offer suggestions that may be
helpful in continuing to improve the working environment of IMAGINE.
9. Return of Imagine Property: All IMAGINE property (keys, entry swipe cards, ID
cards, etc.) must be returned on or before the last day of employment. Failure to promptly return
property will result in a delay in receiving a final paycheck.
10. Forwarding address: Departing employees will be asked to confirm their
forwarding address to ensure that benefits and tax information are received in a timely manner.
11. Final Pay: IMAGINE will pay its employees their full wages upon completion of
their employment to satisfy its wage payments under applicable law. Final pay is in the form of a
live check, not direct deposit, and will be mailed to the address in the employees payroll record.
Accrued vacation will be paid out in accordance with this Policy and the Paid Time Off Policy. If
a former employee has failed to cash their final paycheck, resulting in it becoming expired,
IMAGINE will make a reasonable effort to locate that employee and reissue the check to make
the employee whole. If IMAGINE cannot reach the former employee, the unclaimed wages
become property of the state in which the employee worked and IMAGINE will forward such
unclaimed property to this state.

Termination and Discharge


Unless expressly proscribed by statute or contract, employment with IMAGINE is on an
at will basis and may be terminated with or without cause or notice. Termination decisions are
made in a nondiscriminatory manner. Any employee who is terminated or discharged by
IMAGINE shall be paid only wages (time worked) to the effective date of the separation.
IMAGINE may not compensate unused vacation time to employees terminated for gross
misconduct or cause.

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APPENDIX A INDEX Staff

A-2 Employee Professional Development Plan

A-3 Staff as Center Parents Policy

A-4 Staff Babysitting Policy

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IMAGINE Employee Professional Development Plan

IMAGINE conducts an eight week New Hire Onboarding process:

New employees participate in two paid days of initial training, for which they are not
counted in teacher-to child ratios, during which they complete paperwork, classroom
training modules and meet with center administrators to complete items on the New Hire
Orientation Checklist.
New staff meets with the Director (or other assigned administrator) weekly for eight
weeks to continue orientation including the completion of required trainings.
Classroom staff are responsible for participating in the orientation of new employees by
introducing them to the children, parents, the classroom environment and routine, and
assisting them in the completion of the New Hire Orientation Training Modules.
New Staff are contacted by an Imagine Human Resource representative to participate in
an Employee Engagement Survey at the completion of the eight week orientation.

IMAGINE requires and encourages ongoing professional development of all employees


in the following ways:

Continued education, leading to required credentials for teaching positions at IMAGINE, is


supported by the Tuition Reimbursement Program, and flexible work schedules when possible.
IMAGINE administration also works to connect employees with educational programs that meet
their needs educationally, professionally and financially.

IMAGINE provides required (by licensing and NAEYC) and additional training to staff
through:

Two all-Center, full day staff development conferences annually.


o October: Staff Workshops and meetings
o April: Staff education field trip experience

Current CPR and First Aid training

Current Child Abuse and Maltreatment training

Online trainings through Prosolutions found on our teacher training site Imagine U:
/a/imagineelc.com/training-site/.

Online trainings found on our teacher training site Imagine U: /a/imagineelc.com/training-site/.


Topics include curriculum practices, family-teacher communication, classroom safety,
professionalism and ethics among many others.

Periodic workshop trainings with Center Director, visiting Directors, Executive Directors
and IMAGINE Education Consultants (i.e., Special Development, Literacy, Music,
NAEYC Policies and Procedures, Learning Healthy Early).

Staff Meeting Trainings with Director

Sponsoring attendance in outside workshops and conferences (i.e. Bank St. Summer
Institute, NAEYC local and national conferences, GSA local and national conferences,
Child Care Inc and Child Care Council events, etc).

Employee Handbook A-2 September 2016


IMAGINE, LLC

Staff as Center Parents Policy

IMAGINE provides as a benefit to staff*, child care (for staffs own child) at a reduced rate as
described in the Employee Handbook. Child care may need to be provided at an IMAGINE site
other than the employment location of the staff member, based on enrollment availability,
sponsor contract, or at the request of IMAGINE Administration.

Staff who have children enrolled at their employment site are expected to conduct themselves
appropriately as parents and employees:

Transition visits for staff children new to the program should take place at times other
than the employees paid work schedule. (i.e. staff returning from leave must conduct
transition visits prior to their return date). Current staff will not be covered by subs or
other employees to do transition visits with their child. They must conduct these visits on
their own time.
It is understood that staff will focus on their work responsibilities during their work shift
and never leave their assigned group to attend to their own child unless requested to do
so by the Director.
Teaching staff will not bring children to staff parents during the course of the day outside
of emergencies.
When a staff child has difficulty separating from their parent, staff should arrange to
remain out of their childs view when at all possible throughout the day.
Staff may not be assigned to teach in their childs classroom. This may require a
temporary change of classroom assignment.
Staff may spend their break time (not to exceed one hour for full time employees and a
pro-rated portion for eligible part-time employees) with their child. Time spent with their
child must not disrupt regular classroom routine.
Staff are expected to conduct themselves according to the Parent Code of Responsibility
outlined in the IMAGINE Family Handbook.
Outside of the employee discount, staff parents are to receive the same benefits of
enrollment at the Center as any other IMAGINE parent.

IMAGINE reserves the right to determine that it is not working for a child to be on site with their
parent and reassign the child or parent to another IMAGINE site.

*staff includes teachers, directors, administrators and office support staff.

Employee Handbook A-3 September 2016

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