CWI Sample Employee Handbook

DEFINITIONS OF HARASSMENT

Sexual Harassment: Sexual Harassment is a type of sex discrimination.  Sexual Harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

Sexual Harassment may include a range of subtle and not so subtle behaviors.  Depending on the circumstances, these behaviors may include, but are not limited to: unwanted sexual advances; subtle or overt pressure for sexual favors; sexual jokes, flirtations, innuendoes, advances or propositions; verbal abuse of a sexual nature; graphic commentary about an individual’s body, sexual prowess or sexual deficiencies; leering, whistling, touching, pinching, assault, coerced sexual acts, or suggestive, insulting, or obscene comments or gestures; and display in the workplace of sexually suggestive objects or pictures including e-mail communications.  Sexual harassment can include harassment between individuals of the same sex.

Additional Types of Discriminatory Harassment: Harassment on the basis of race, color, creed, ancestry, national origin, citizenship, sex or gender (including pregnancy, childbirth, and pregnancy-related conditions), gender identity or expression (including transgender status), sexual orientation, marital status, religion, age, disability, genetic information, service in the military, domestic violence victim status, or any other characteristic protected by law is defined as verbal or physical conduct that denigrates or shows hostility or aversion and (1) has the purpose or effect of creating an intimidating, hostile, or offensive work environment; or (2) has the purpose or effect of unreasonably interfering with an individual’s work performance; or (3) otherwise adversely affects an individual’s employment opportunities.

Harassment based on any protected characteristic is inconsistent with this policy, and includes but is not limited to: offensive jokes, slurs, epithets, or name calling; physical assault, threats, or intimidation; ridicule or mockery, such as a racial comparison to an animal, mimicking facial features, or intentionally mispronouncing or altering an employee’s ethnic-sounding name; insults or put-downs, on an individual or categorical basis; offensive terms, objects or pictures; and display or circulation in the workplace of written or graphic material (including through e-mail, IM, texts, Internet or computer), that includes any expression of contempt or hatred, or shows hostility or aversion toward an individual or group based on a protected characteristic.

Complaint Procedure

The Company strongly urges employees to bring to its attention any concerns or complaints about discriminatory employment practices, including harassment, regardless of who may be the offender.  Employees have the choice to bring their concerns to their supervisor, supervisor’s manager, or to a Human Resources representative, or the owner.  Please remember the Company cannot resolve issues that are not brought to its attention.  We would like to encourage employees to consider promptly advising the offender that his or her conduct is unwelcome.  The Company realizes it is not necessary to talk to an offender if it is uncomfortable.

If an employee believes they have been subject to or have witnessed unlawful discrimination, including sexual or other forms of unlawful harassment, or other inappropriate conduct, they are requested and encouraged to make a complaint using the Complaint Form for Reporting Sexual Harassment (see Appendix 1). They may complain directly to their immediate supervisor or department manager, the HR representative, owner, or any other member of management with whom they feel comfortable bringing such a complaint.

All supervisors and managers who receive a complaint or information about suspected sexual harassment, observe what may be sexually harassing behavior or for any reason suspect that sexual harassment is occurring, are required to report such suspected sexual harassment to their immediate supervisor or department manager, the HR representative, owner, or any other member of management with whom they feel comfortable bringing such a report. Similarly, if employees observe acts of discrimination toward or harassment of another employee, they are requested and encouraged to report this to one of the individuals listed above. All complaints will be investigated promptly, and confidentiality will be protected to the extent possible. A timely resolution of each complaint should be reached and communicated to the parties involved. 

If the investigation confirms conduct that violates this policy has occurred, the Company will take immediate, appropriate, corrective action, including discipline, up to and including immediate termination.

Employees can also file a complaint with a government agency or in court under federal, state, or local antidiscrimination laws. To file an employment complaint with the New York State Division of Human Rights, please visit https://dhr.ny.gov/complaint. To file a complaint with the United States Equal Employment Opportunity Commission, please visit https://www.eeoc.gov/filing-charge-discrimination.  You should also be aware that the New York Commission on Human Rights and the Federal Equal Employment Opportunity Commission investigate and prosecute complaints of prohibited discrimination and harassment in employment.

RETALIATION

Threats or acts of retaliation or retribution against employees who raise concerns or make claims or assist in providing information about discriminatory practices, including harassment will not be tolerated and should also be brought to the attention of the employee’s supervisor, the supervisor’s manager, a Human Resources representative or the owner. Retaliatory conduct consists of adverse treatment that would dissuade a person from complaining or assisting in providing information.

Depending upon the circumstances, retaliatory conduct may include but is not limited to: denial of promotion or job benefits, demotion, suspension, termination, work-related threats, warnings, negative or lowered evaluations, assigning less desirable work or work locations, persistent exclusion by coworkers, and/or punitive behaviors and actions.

CONCLUSION

The Company developed this policy to ensure that all its employees can work in a professional environment free from discriminatory employment practices including harassment.  The Company will make every reasonable effort to ensure that its entire organization is familiar with the policy and is aware that any concerns or claims received will be looked into and resolved appropriately.

Any employee who has any questions or concerns about this policy or procedure should contact an HR representative, supervisor, or the owner.

Time Off and Leaves of Absence

Employees in New York have a legal right to take paid time off work for specific reasons under state law. This section outlines the company’s policies and procedures regarding various types of leave that your employees may be entitled to or can request, including paid time off (PTO).

Sample language:

Holidays

Example:

Time and a half will be paid for hours worked on five of our major holidays (New Year’s Day, Memorial Day, Fourth of July, Thanksgiving, and Christmas).

Vacation

Insert your company’s vacation policy here. New York does not mandate that any vacation time be provided. If you do decide to provide paid vacation time, you can impose any reasonable condition on eligibility and receipt of such benefit. For example, a requirement that vacation time is earned based on an employee’s hours worked. Be sure to specify any carryover policies and whether PTO is paid out upon termination.

Sick Leave

Note: Employers must comply with federal, state, and local leave laws. In New York State and New York City, the law entitles employees to paid or unpaid sick leave depending on the size of the employer and the employer’s revenue. For more information, visit  https://www.ny.gov/new-york-paid-sick-leave/new-york-paid-sick-leave and https://www.nyc.gov/site/dca/about/paid-sick-leave-law.page.

Example below:

The Company provides employees with sick time in compliance with New York Paid Sick Leave Law. Accordingly, employees accrue one hour of sick leave for every 30 hours worked, up to a maximum of 40 hours per calendar year. Employees begin accruing sick leave on their date of hire. Employees may only use their accrued sick leave after 90 calendar days of employment. No more than 40 hours of sick leave may be used in any calendar year.

The sick leave may be used for the following:

• For mental or physical illness, injury, or health condition, regardless of whether it has been diagnosed or requires medical care at the time of the request for leave*; or
• For the diagnosis, care, or treatment of a mental or physical illness, injury or health condition; or need for medical diagnosis or preventive care.

*This includes using leave for the recovery of any side effects of the COVID-19 vaccination.

Whenever you anticipate being absent or late due to illness, please be sure to notify your supervisor as far in advance as possible. An employee may not use earned sick time as an excuse to be late for work without an authorized purpose.

Paid Family Leave

New York Paid Family Leave provides job-protected, paid time off so you can:

• Bond with a newly born, adopted or fostered child,
• Care for a close relative with a serious health condition, or
• Assist with family situations when a family member is deployed abroad on active military service.

Paid Family Leave may also be available for use in situations when you or your minor dependent child are under an order of quarantine or isolation due to COVID-19.

Benefits — Time

Eligible employees may take up to 12 weeks of leave. This leave can be taken either all at once or intermittently, but must be taken in full-day increments. You may take the maximum time-off benefit in any given 52-week period.

Benefits — Pay

Paid Family Leave benefits provide 67% of your average weekly wage, capped at the same percentage of the New York State Average Weekly Wage. Visit https://paidfamilyleave.ny.gov/ for information on this year’s maximum weekly benefit, as well as a calculator to estimate your own benefits.

EXAMPLE:  An employee who earns $1, 000 a week would receive a benefit of $670 a week.

Eligibility

All eligible employees are entitled to participate in Paid Family Leave. Full-time employees: employees who work a regular schedule of 20 or more hours per week are eligible after 26 consecutive weeks of employment. Part-time employees: employees who work a regular schedule of less than 20 hours per week are eligible after working 175 days, which do not need to be consecutive. Employees are eligible regardless of citizenship and/or immigration status.

Qualifying Events

New Child: You can take Paid Family Leave during the first 12 months following the birth, adoption, or fostering of a child. Starting January 1, 2025, expectant mothers may also take up to 40 hours of paid leave during any 52-week calendar period to attend prenatal medical appointments.

Serious Illness: You can take Paid Family leave to care for a family member with a serious health condition. These relatives can live outside of New York State and even outside the country. You cannot take Paid Family Leave for your own health condition.

A serious health condition is an illness, injury, impairment, or physical or mental condition that involves:

• Inpatient care in a hospital, hospice, or residential health care facility, or
• Continuing treatment or continuing supervision by a health care provider.

A family member includes: spouse, domestic partner, child and stepchild, parent, stepparent, parent-in-law, grandparent, grandchild, and sibling (biological, adopted, half, and step).

Taking Paid Family Leave

1. When you want to take Paid Family Leave, you must notify your employer at least 30 days before your leave will start if it is foreseeable. Otherwise, notify your employer as soon as possible.
2. Obtain required forms. Contact your employer, employer’s insurance carrier, or visit https://paidfamilyleave.ny.gov/ to obtain the required forms.
3. Complete and attach: The Request For Paid Family Leave (Form PFL-1) has sections that need to be completed by you and by your employer. Fill out your section, make a copy and give the form to your employer to fill out Part B. Your employer is required to return Form PFL-1 to you within three business days. If there is a delay, you do not have to wait to proceed. Send the Form PFL-1 that you have filled out, along with the rest of your request package, directly to your employer’s insurance carrier.
4. Obtain and attach supporting documentation. The specific documentation or additional forms required for each type of leave are described on the request for Paid Family Leave and at https://paidfamilyleave.ny.gov/apply.
5. Submit your request forms and supporting documentation. You must submit your completed request package to your employer’s insurance carrier within 30 days after the start of your leave to avoid losing benefits. In most cases, the insurance carrier must pay or deny benefits within 18 calendar days of receiving your completed request or your first day of leave, whichever is later.

Requests for Paid Family Leave forms and forms submissions should be directed to: [Insert Department Name and/or E-mail address]. Our Paid Family Leave insurance carrier is: [Insert Contact Information].

Paid Time Off for Prenatal Medical Care

As of January 1, 2025, eligible employees are entitled to 20 hours of additional paid sick time each year for prenatal care. This includes time for doctor’s appointments, procedures, and tests. The 20 hours is separate from paid sick time already mandated under New York law. The paid prenatal leave can be taken in hourly increments. Employees will be paid their regular rate of pay when using this leave.

Military Leave

[Employer Name] supports the military obligations of all employees and grants leaves for uniformed service in accordance with applicable federal and state laws. Any employee who needs time off for uniformed service should immediately notify the HR representative, owner, or the employee’s supervisor, who will provide details regarding the leave. If an employee is unable to provide notice before leaving for uniformed service, a family member should notify the supervisor as soon as possible.

Upon return from military leave, employees will retain certain rights with respect to reinstatement, seniority, layoffs, compensation, length of service promotions, and length of service pay increases, as required by applicable federal or state law. Failure to report for work within the prescribed time after completion of military service will be considered a voluntary termination.

Jury Duty/Court Appearance

Note: Employers with ten or more employees are required to pay an employee who must leave work to serve on a jury a minimum of $40 per day for the first three days of jury service.

The Company supports employees in their civic duty to serve on a jury. Employees must present any summons to jury duty to their supervisor as soon as possible after receiving the notice to allow advance planning for an employee’s absence.

Employees will be provided time off for jury duty in accordance with applicable laws. If an employee is released from jury duty after four hours or less of service, the employee must report to work for the remainder of that workday.   

Time Off for Voting

If an employee does not have sufficient time outside of working hours to vote in an official state-sanctioned election, the employee may take off enough working time to vote. Such time off shall be taken at the beginning or the end of the regular shift, whichever allows for more free time. The time taken off shall be combined with the voting time available outside of working hours to a maximum of two hours combined. An employee will be allowed a maximum of two hours of time off during an election day without loss of pay. An employee requesting time off to vote shall give their supervisor at least a two-day notice prior to taking time off.

Safe Leave

Employees may use accrued leave following a verbal or written request to their employer for safe leave for reasons impacting the employee or a member of their family for whom they are providing care or assistance with care. Safe leave may be used for an absence from work when the employee or employee’s family member has been the victim of domestic violence as defined by the State Human Rights Law, a family offense, sexual offense, stalking, or human trafficking due to any of the following as it relates to the domestic violence, family offense, sexual offense, stalking, or human trafficking to:

• obtain services from a domestic violence shelter, rape crisis center, or other services program;
• participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee’s family members;
• meet with an attorney or other social services provider to obtain information and advice on, and prepare for or participate in any criminal or civil proceeding;
• file a complaint or domestic incident report with law enforcement;
• meet with a district attorney’s office;
• enroll children in a new school; or
• take any other actions necessary to ensure the health or safety of the employee or the employee’s family member or to protect those who associate or work with the employee.

Wages and Compensation

Workweek and Hours of Work

Insert into this area the work schedule for your business, as well as the work week used for payroll purposes. Example description of work schedules and work week:

The standard workweek is from Saturday 12:00 a.m. until Friday 11:59 p.m. Individual work schedules may vary depending on the needs of each department.

Overtime

When required due to the needs of the business, employees may be asked to work overtime. Overtime is actual hours worked in excess of 40 in a single workweek. Nonexempt employees will be paid overtime compensation at the rate of one and one-half their regular rate of pay for all hours over 40 actually worked in a single workweek. Paid leave, such as holiday, paid time off (PTO), bereavement time, and jury duty, does not apply toward work time. All overtime work must be approved in advance by a supervisor or manager.

For New York cultivators only [remove the paragraph below if you are a non-cultivation cannabis employer]:  In accordance with the Farm Laborers Fair Labor Practices Act, most farm employees are entitled to at least one day (24 consecutive hours) of rest in each calendar week (period of 7 days). An employer may ask an employee to perform work on their scheduled day of rest and the employee may voluntarily choose to do so. If an employee works on their day of rest, they will be paid overtime pay at a rate of 1 ½ times their regular rate of pay. Employees are also entitled to overtime pay equal to 1 ½ times their regular rate of pay for any hours worked above 56 in a calendar week.

Time Records

All nonexempt employees are required to complete accurate weekly time reports showing all time actually worked. These records are required by governmental regulations and are used to calculate regular and overtime pay. At the end of each week, employees and their supervisors must sign the time sheet attesting to its correctness.

Meal and Rest Breaks

Employees are entitled to a 30-minute unpaid meal break each day. Any nonexempt employee who is required to work through a meal break will be paid for the 30-minute period. Employees are also entitled to two 15-minute rest periods each day. You must clock out for all associated meal periods. Your supervisor will advise you of scheduling your meal period. You must not perform any work during your meal period, and you must stop working for at least 30 full, consecutive minutes. All rest breaks and meal periods must be taken away from the regular work area. You may leave the premises for meal periods. If for any reason you do not take the applicable rest breaks and/or meal periods, you must notify your supervisor immediately.

Deductions from Pay

The Company complies with the salary basis requirements of the Fair Labor Standards Act (FLSA). Employees paid on a “salary basis” regularly receive a predetermined amount of compensation each pay period. Exempt employees will receive full salary for any workweek in which they perform any work, regardless of the number of days or hours worked, subject to the exceptions provided below. Exempt employees may not be paid for any workweek in which they perform no work, subject to [Employer Name] benefits programs and policies.

Employees classified as exempt from the overtime pay requirements of the FLSA will be notified of this classification at the time of hire or change in position. No deductions from salary may be made for time when work is not available, provided the exempt employee is ready, willing, and able to work.

Permitted deductions. The FLSA limits the types of deductions that may be made from the pay of an exempt employee. Deductions that are permitted include:

• Deductions that are required by law, e.g., income taxes;
• Deductions for employee benefits when authorized by the employee;
• Absence from work for one or more full days for personal reasons other than sickness or disability;
• Absence from work for one or more full days due to sickness or disability if the deduction is made in accordance with a bona fide plan, policy, or practice of providing compensation for salary lost due to illness;
• Offset for amounts received as witness or jury fees or for military pay;
• Unpaid disciplinary suspensions of 1 or more full days imposed in good faith for workplace conduct rule infractions; and
• Any full workweek in which the employee does not perform any work.

If you believe an improper deduction from your salary was made, contact your supervisor immediately. Reports of improper deductions will be investigated promptly. If it is determined an improper deduction occurs, you will be reimbursed for any improper deduction.

Paychecks

This section informs your employees when they should expect to be paid. You should also include a sentence explaining how time sheets are submitted, such as paper time cards, time-tracking apps, or a digital HR portal. Be advised that in New York, manual workers must be paid on a weekly basis. Sample language:

[Employer Name]’s pay period for all employees is [insert pay period, i.e. biweekly/weekly] on [insert day of the week]. If a regular pay day falls on a holiday, employees will be paid the day before the holiday. Paychecks are directly deposited into employees’ checking and/or savings accounts.

Separation from Employment

Employees who voluntarily leave the Company are asked to provide a written notice to their supervisor at least 10 working days’ notice of their intention to terminate employment, excluding any vacation days.

All Company-owned property, including vehicles, keys, uniforms, identification badges, and credit cards must be returned immediately upon termination of employment. In most cases, the Company will conduct an exit meeting on or before the last day of employment to collect all company property and to discuss final pay. If applicable, information regarding benefits continuation through the Consolidated Omnibus Budget Reconciliation Act (COBRA) will be sent to the employee’s home address. 

Should it become necessary because of business conditions to reduce the number of employees or work hours, this will be done at the discretion of the Company.

Types of Employees and Employee Classifications

List the types of employees that your business employs (i.e. Full-time, Part-time, Exempt, Non-exempt, Seasonal, Permanent). Extra attention should be paid to differentiating between exempt and non-exempt employee positions.

Note to New York Cultivators: This Employee Handbook contains crucial sections pertaining to compliance with the New York State Farm Labor Practices Act (FLPA). The law grants farm laborers overtime pay, a day of rest each week, disability and Paid Family Leave coverage, the ability to join or form unions, and other labor protections. As cultivators, you must ensure compliance with the FLPA. All cultivators should review the relevant sections carefully. In New York, most farm employees are eligible for overtime pay after they have worked 56 hours in a calendar week and are entitled to a weekly day of rest. For more information, visit https://dol.ny.gov/farm-laborers-fair-labor-practices-act.

Sample descriptions below:

In order to determine eligibility for overtime status and to ensure compliance with federal and state laws and regulations, [Employer Name] classifies its employees as shown below. [Employer Name] may review or change employee classifications at any time.

Exempt. Exempt employees are typically paid on a salary basis and are not eligible to receive overtime pay.

Nonexempt. Nonexempt employees are paid on an hourly basis and are eligible to receive overtime pay for overtime hours worked.

Regular, full-time. Employees who are not in a temporary status and work a minimum of 30 hours weekly and maintain continuous employment status.

Regular, part-time. Employees who are not in a temporary status and who are regularly scheduled to work less than 30 hours weekly but at least 20 hours weekly and who maintain continuous employment status.

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 Company’s 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 30 hours weekly for a limited duration. Employment beyond any initially stated period does not in any way imply a change in employment status.

Paid Time Off for Prenatal Medical Care

As of January 1, 2025, eligible employees are entitled to 20 hours of additional paid sick time each year for prenatal care. This includes time for doctor’s appointments, procedures, and tests. The 20 hours is separate from paid sick time already mandated under New York law. The paid prenatal leave can be taken in hourly increments. Employees will be paid their regular rate of pay when using this leave.

Lactation

All employers are required to inform all employees about their right to take paid leave for the purpose of pumping breast milk. Employees must be informed when they are hired, and once a year thereafter. Employers must also remind every employee returning to work following the birth of a child of these rights. As an employer, you can inform your employees of this right by providing them with the New York State Department of Labor’s (NYSDOL) policy through email or printed copy. The policy is available at ny.gov/breastmilkexpression. Employers must also notify all employees when a space has been designated for breast milk expression. Employers are also required to provide employees with a private room or other location close to the employee’s work area where they can pump breast milk. If the employer can’t provide a dedicated lactation room, a temporarily vacant room may be used instead. As a last resort, a cubicle can be used, but it must be fully enclosed with walls at least seven feet tall. The room or location provided by an employer to pump breast milk cannot be a restroom or toilet stall.

Employees are allowed to use 30 minutes of paid break time to express breast milk during work hours. This paid time is in addition to any regularly scheduled break time or meal time. Employees may use their regularly scheduled break times or meal time for milk expression should they need additional time in excess of 30 minutes.

Paid Family Leave

New York Paid Family Leave provides job-protected, paid time off so you can:

• Bond with a newly born, adopted or fostered child,
• Care for a close relative with a serious health condition, or
• Assist with family situations when a family member is deployed abroad on active military service.

Paid Family Leave may also be available for use in situations when you or your minor dependent child are under an order of quarantine or isolation due to COVID-19.

Benefits — Time

Eligible employees may take up to 12 weeks of leave. This leave can be taken either all at once or intermittently, but must be taken in full-day increments. You may take the maximum time-off benefit in any given 52-week period.

Benefits — Pay

Paid Family Leave benefits provide 67% of your average weekly wage, capped at the same percentage of the New York State Average Weekly Wage. Visit https://paidfamilyleave.ny.gov/ for information on this year’s maximum weekly benefit, as well as a calculator to estimate your own benefits.

EXAMPLE:  An employee who earns $1, 000 a week would receive a benefit of $670 a week.

Eligibility

All eligible employees are entitled to participate in Paid Family Leave. Full-time employees: employees who work a regular schedule of 20 or more hours per week are eligible after 26 consecutive weeks of employment. Part-time employees: employees who work a regular schedule of less than 20 hours per week are eligible after working 175 days, which do not need to be consecutive. Employees are eligible regardless of citizenship and/or immigration status.

Qualifying Events

New Child: You can take Paid Family Leave during the first 12 months following the birth, adoption, or fostering of a child. Starting January 1, 2025, expectant mothers may also take up to 40 hours of paid leave during any 52-week calendar period to attend prenatal medical appointments.

Serious Illness: You can take Paid Family leave to care for a family member with a serious health condition. These relatives can live outside of New York State and even outside the country. You cannot take Paid Family Leave for your own health condition.

A serious health condition is an illness, injury, impairment, or physical or mental condition that involves:

• Inpatient care in a hospital, hospice, or residential health care facility, or
• Continuing treatment or continuing supervision by a health care provider.

A family member includes: spouse, domestic partner, child and stepchild, parent, stepparent, parent-in-law, grandparent, grandchild, and sibling (biological, adopted, half, and step).

Taking Paid Family Leave

1. When you want to take Paid Family Leave, you must notify your employer at least 30 days before your leave will start if it is foreseeable. Otherwise, notify your employer as soon as possible.
2. Obtain required forms. Contact your employer, employer’s insurance carrier, or visit https://paidfamilyleave.ny.gov/ to obtain the required forms.
3. Complete and attach: The Request For Paid Family Leave (Form PFL-1) has sections that need to be completed by you and by your employer. Fill out your section, make a copy and give the form to your employer to fill out Part B. Your employer is required to return Form PFL-1 to you within three business days. If there is a delay, you do not have to wait to proceed. Send the Form PFL-1 that you have filled out, along with the rest of your request package, directly to your employer’s insurance carrier.
4. Obtain and attach supporting documentation. The specific documentation or additional forms required for each type of leave are described on the request for Paid Family Leave and at https://paidfamilyleave.ny.gov/apply.
5. Submit your request forms and supporting documentation. You must submit your completed request package to your employer’s insurance carrier within 30 days after the start of your leave to avoid losing benefits. In most cases, the insurance carrier must pay or deny benefits within 18 calendar days of receiving your completed request or your first day of leave, whichever is later.

Requests for Paid Family Leave forms and forms submissions should be directed to: [Insert Department Name and/or E-mail address]. Our Paid Family Leave insurance carrier is: [Insert Contact Information].

Insurance

Short-Term Disability

Employees are covered under the Company’s short-term disability insurance policy. This insurance program assists employees in replacing lost income in the event that an employee is disabled due to an off-the-job injury or illness if the employee meets the requirements established by New York State. You may not receive short-term disability and Paid Family Leave benefits at the same time. You may not take more than 26 combined weeks of short-term disability and Paid Family Leave in a 52-week period.

For more information, visit https://www.wcb.ny.gov/content/main/DisabilityBenefits/employee-disability-benefits.jsp.

Long-Term Disability

Optional: Insert the specifics of your long-term disability plan if applicable. Example:

Long-term disability benefits are offered to full-time employees working a minimum of 30 hours per week. If an employee becomes totally disabled and cannot work for an extended period of time, this coverage pays 60 percent of the employee’s salary, up to the policy limits. This is a voluntary benefit and is funded solely by the employee. Long-term disability benefits may run concurrently with FMLA leave, NY Paid Sick Leave and/or any other leave where permitted by state and federal law. 

Employee Benefits

Medical, Dental, and Vision Insurance

Insert the specifics of your health care plan if applicable. This section may be impacted by the Federal Affordable Care Act, and is dependent upon the number of employees that you have in your business. Example:

For all employees who work over 30 hours per week, [Employer Name] provides a [insert percentages]% co-sponsored insurance plan to include insurances such as medical, dental, vision, and life for eligible employees and their dependents. 

Those employed full-time for more than 3 months will be eligible for an employer contribution to medical benefits, and will also be required to contribute themselves.  In the event of an increase in insurance premium rates, all employees may be required to contribute additional costs to cover the increased premiums to retain coverage. 

Employee Privacy

It is [Employer Name]’s goal to respect the individual privacy of its employees and at the same time maintain a safe and secure workplace. When issues of safety and security arise, employees may be requested to cooperate with an investigation. The investigation may include the following procedures to safeguard the Company and its employees: searches of personal belongings, searches of work areas, searches of private vehicles on Company premises, and the like. Failure to cooperate with an investigation is grounds for termination. Providing false information during any investigation may lead to discipline, including termination.

Employees are expected to make use of Company facilities only for the business purposes of the Company. Accordingly, materials that appear on Company hardware or networks are presumed to be for business purposes, and all such materials are subject to review by the Company at any time without notice to the employees. Employees do not have to have any expectation of privacy with respect to any material on Company property. [Employer Name] regularly monitors its communications systems and networks as allowed by law. Monitored activity may include voice, e-mail, and text communications, as well as Internet search and browsing history. Employees who make excessive use of the communications system for personal matters are subject to discipline. Employees are expected to keep personal communication to a minimum and to emergency situations.

Video surveillance. As part of its security measures and to help ensure a safe workplace, [Employer Name] has positioned video cameras to monitor various areas of its facilities. Video cameras will not be used in private areas, such as break rooms, restrooms, locker/dressing rooms, etc.

Protected concerted activities 

Nothing in this Handbook is meant to, nor should it be interpreted to, in any way limit employees’ rights under any applicable federal, state, or local laws, including the right to engage in protected concerted activities with other employees to improve or discuss terms and conditions of employment, such as wages, hours, working conditions, and benefits. [Employer Name] employees have the right to engage in or refrain from such activities.

Workplace Safety

Commitment to Safety

Protecting the safety of our employees and visitors is the most important aspect of running our business. To help us maintain a safe workplace, everyone must be safety-conscious at all times.

Each employee is accountable for his/her own safety and the safety of those who work around him/her. Employees are expected to:

• Assist in developing safe work practices and operating procedures.
• Perform work tasks in a safe manner.
• Wear appropriate personal protective equipment when required.
• Report injuries or unsafe conditions immediately to your supervisor or the owner.
• Participate in safety training.

The management of [Employer Name] will:

• Develop safe work practices and operating procedures with employee input.
• Assure that employees are trained to perform tasks safely.
• Reduce workplace hazards.
• Provide appropriate PPE (personal protective equipment) for each employee when required.

Workplace Injuries

Any workplace injury, accident, or illness must be reported to the employee’s supervisor as soon as possible, regardless of the severity of the injury or accident. [Employer Name] will maintain records of all injuries and incidents reported and will use the data to improve policies and procedures with regards to maintaining a safe workplace.

Workers’ Compensation

All employees of [Employer Name] are covered under [Employer Name’s] workers compensation policy. While safety is of up most importance at [Employer Name], the purpose of this policy is to ensure employees injured while engaged in Company related activities receive the benefits and care as required under federal and state law.

All injuries, regardless of how minor or significant must be reported immediately to your supervisor. [Employer Name] will strive to return employees to work as soon as they are medically able and make reasonable accommodations as necessary.

Claims of workers compensation fraud are grounds for immediate termination. Claims of fraud are also prosecutable under state law.

Workplace Violence Prevention

On September 4, 2024, Governor Hochul signed into law the New York Retail Worker Safety Act, a comprehensive measure intended to increase worker safety and address the hazard of workplace violence in retail settings. Effective March 1, 2025, retail employers with at least ten employees are required to conduct assessments of potential workplace violence hazards, adopt written workplace violence prevention policies and workplace violence prevention training. For more information visit https://www.nysenate.gov/legislation/bills/2023/A8947/amendment/B.

[Employer Name] is committed to providing a safe, violence-free workplace for our employees. Acts of violence and threats of violence are strictly prohibited. All such acts and threats, even those intended to be a joke, will be taken seriously, and will lead to discipline up to and including termination. A threat may include any verbal or physical harassment or abuse; attempts to intimidate others; menacing gestures; stalking; or any other hostile, aggressive, destructive actions taken for the purposes of intimidation and/or any indication of intent to harm a person or damage Company property. This policy covers any violent or potentially violent behavior that occurs in the workplace or at company-sponsored functions.

Any employee who witnesses or is the recipient of violent behavior or threats of violent behavior should promptly inform their supervisor, manager, HR representative, or the owner. Each employee is expected and encouraged to report any incident which may be threatening to you, a co-worker, or customer which you reasonably believe is threatening or violent. All threats will be promptly investigated. No employee will be subject to retaliation, intimidation, or discipline as a result of reporting a threat in good faith under this guideline.

Emergency Closings

Insert a description of the course of action to be taken in the event of unexpected circumstances or emergencies that may require the closure of business operations. Example:

This Emergency Closings Policy outlines procedures for handling unexpected circumstances that may require the closure of our business operations, such as inclement weather, natural disasters, or other emergencies. This decision will be made based on information from relevant authorities, weather forecasts, and other pertinent factors affecting the safety and well-being of employees. In situations in which some employees are concerned about their safety, management may advise supervisors to notify their departments that the Company is not officially closed, but employees may choose to leave the premises if they feel uncomfortable. The safety and well-being of our employees are our top priorities, and this policy aims to ensure a coordinated and organized response to such situations.

1. Notification Process: In the event of an emergency closure, employees will be notified through one or more of the following channels:
   • Email communication via the Company’s official email system
   • Text messages sent through the Company’s emergency notification system
   • Updates on the Company website
2. Compensation During Closures: The compensation for hours missed during an emergency closure may be in the form of paid time off, use of accrued vacation or personal days, or as otherwise communicated by the Company. If the Company is officially closed during the course of the day to permit employees to leave early, nonexempt employees who are working on-site as of the time of the closing will be paid for a full day. If employees leave earlier than the official closing time, they will be paid only for actual hours worked, or they can take paid time off (PTO) time. Exempt employees will be paid for a normal full day but are expected to complete their work at another time.
3. Remote Work Options: Where feasible, employees may be given the option to work remotely during emergency closures. The Company will communicate expectations and guidelines for remote work in such situations.
4. Essential Personnel: Certain positions may be deemed essential for business continuity and may be required to work during emergency closures. Employees in such roles will be informed of their status and responsibilities in advance.
5. Communication Responsibilities: Employees are responsible for updating their contact information with the Company to ensure they receive timely notifications during emergency situations. Failure to do so may result in delayed or missed communications.
6. Return to Work Protocol: The Company will communicate the process for returning to work after an emergency closure. This may include additional safety measures, facility inspections, or other relevant instructions.
7. Review and Updates: This policy will be reviewed periodically and updated as necessary to ensure its relevance and effectiveness. Employees will be notified of any changes to the Emergency Closings Policy.

By adhering to this Emergency Closings Policy, we aim to prioritize the safety of our employees while maintaining clear communication and operational continuity during unexpected events.

Cell Phone Safety and Driving

For employees required to drive for the Company, the safety of our employees and other drivers on the road is of the utmost importance. Employees are prohibited from using cell phones while driving on Company business or during Company time. Under no circumstances should employees feel that they need to place themselves or others at risk while driving to fulfill business needs. If your job duties require you to drive and keep your cell phone on, a hands-free device must be used. Under no circumstances should employees place phone calls or write, read, or send text-based messages while operating a motor vehicle on Company time.  If you are required to use your phone, pull off the road in order to do so. Company owned vehicles are to be used for company use only. 

Security

[Employer Name] has developed a security program to ensure the safety of the Company’s employees, customers, and property. Employees are expected to follow these guidelines to maintain a secure workplace. Be aware of people loitering for no apparent reason in parking areas, walkways, entrances and exits, and service areas. Report any suspicious persons or activity to security personnel. Secure your workstation at the end of your shift. When called away from your work area for extended periods of time, do not leave valuable or personal items around. Employees must be alert to potential security risk and should immediately notify their supervisor when unknown people are acting in a suspicious manner in or around the facility, or when keys, security passes, or identification badges are missing.

EMPLOYEE ACKNOWLEDGMENT AND Receipt of Harassment Policy

I have read and understand the Company’s Harassment Policy. My signature below confirms my knowledge, acceptance, and agreement to comply with the policy.

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Employee’s Name in Print

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Signature of Employee

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Date Signed by Employee

TO BE PLACED IN EMPLOYEE’S PERSONNEL FILE